Fiverr Community Forum

Property rights, commercial use and Ownership

It is very difficult to understand Fiverr’s terms of use on property rights. In a paragraph he says that the buyer has the guaranteed moral and intellectual property rights of what he buys.

Ownership and limitations: When purchasing a Gig on Fiverr, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right

In the other he says that the seller has it.

Blockquote By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights

Do I have or not the propery rights?
I want to buy some illustration to put on my book (self-publishing) and I don’t know who has or does not have rights to the illustration, me (buyer) or the seller? Is self-publishing considered business or personal use?

You do unless your seller’s gig terms state otherwise. Reading every seller’s gig terms is a must.

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if the gig doesn’t mention rights in any capacity on the order page at the time of ordering, you own everything

if the gig says something like the seller retains all rights, then they do and you are effectively buying a copy, like buying a book. in such cases you may be able to buy the rights by way of gig extras

if the gig mentions commercial rights, then it works this way;

if you don’t opt to add the commercial rights gig extra, then you will receive a copy with limited rights, the seller retains all rights. this would be useless for logos

commercial rights means that the seller retains all rights, and the same work can be resold to someone else with the same rights, but you have a licence to use said work in a commercial context. not ideal for logos

buying full rights will have the same effect as if the gig doesn’t mention rights at all, i would argue important for logos

different rules apply for voice over work. if i’m correct in this case the rights automatically stay with the seller and you need a buy a licence based on what you intend to do with it

from my understanding