Question about copyrights

[cynthiarenn]

Hi everyone, this is my first time posting. I have a question for the most seasoned sellers, about copyrights. Recently a client asked to amend a quote to include “Full copyright ownership”. Now, I know as a designer I don’t “own” my designs, so it is not like I’m going to come and ask for royalties. If I say yes to the full copyright ownership, am I allowed to advertise that design as my own? I want to be able to include it in my portfolio. Thanks for your help!

[olie01]

You retain copyright even if you give the rights to someone else. You could probably draw up some contract to make a deal where you can’t use it but telling someone they have full rights doesn’t mean you can’t use it.

[sherkhanshani]

You retain copyright even if you give the rights to someone else. You could probably draw up some contract to make a deal where you can’t use it but telling someone they have full rights doesn’t mean you can’t use it.

You could probably draw up some contract

I don’t think fiverr allow here to sign NDA or any contract?

[fastcopywriter]

I’m not a lawyer, but from what I understand, once you deliver that work, it becomes the property of your client. If you want to charge a separate fee for commercial use, you may do so. I don’t do it because my prices are all-inclusive.

It would be unethical to sell the same design to two or more clients, unless client one demanded a refund. In that case, your design remains in your property.

If a client wants Full Copyright Ownership or So and So™ Copyright 2019, that’s their right.

Sign NDA’s? I advice against those. They are a waste of time, they compromise your privacy, they might violate TOS since you’re not supposed to share personal information. My name is my name, my address is my address, that belongs to me and no one else. I do not want to be getting a subpoena from an unhappy client. Once the work is delivered, it’s no longer my own, I’m no longer responsible. That’s how I like it.

If an advertising agency hires me, and they win an award with my work. That’s OK. The moment it was handed over, it became their work.

[olie01]

It doesn’t become their work unless you legally transfer the rights.

[arty182925]

From Fiverr TOS:

Ownership and limitations: 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, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to 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 shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

[olie01]

From Fiverr TOS:

Ownership and limitations: 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, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to 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 shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

That’s sketchy. A lot of people on the site are in copyright violation if I’m reading it right.

If you compile your past work to promote your gig that would be a violation.

[cynthiarenn]

Thanks everyone for the insight! I usually think us designers are surrogate mothers to our designs. Just want to be clear with the customer so we both have a good experience. Thanks a lot!

[arty182925]

That’s sketchy. A lot of people on the site are in copyright violation if I’m reading it right.

If you compile your past work to promote your gig that would be a violation.

If you compile your past work to promote your gig that would be a violation.

Buyer has option to show it or not on sellers profile. If you are showing work you did to other people without buyer accepting this, then yeah, you are violating copyright.

I am always telling, if someone ask me about my work I did before, that I just can’t show them and that if they needs samples, they can check my gigs.