Rights for a VO in a song sold as download?

[barefoothearted]

Hi, new to Fiverr, so far so good. But need to understand what Rights are included in a quote.

The VO is part of an instrumental song as spoken word. The VO is poetry reading, not a promotional commercial to sell or promote a product. The song is the product itself, if you will.

The song will be released as a single that will be sold online ($5).

I will also at some point have a few CDs manufactured (50) to give the musicians who participated, and (hopefully) sell a few (maybe $7 each).

QUESTIONS:
1- Which rights are automatically included in a quote?

2- If the downloads are being sold, will I be expected to purchase an extra license for the rights to sell the song online? And if so, which extra license would cover my situation?

Many thanks in advance,

Andre

[barefoothearted]

UPDATE: The seller was upfront in answering my question: “If the downloads are being sold, then Fiverr requires that a commercial licence is included on top.”

So if I need to add a “Commercial Rights” license, that is an extra $137.21CAD, and a “Full Broadcast Rights” license is an extra $274.41CAD. And that nearly triples the original quote, and makes it prohibitive in my case.

I had to reconsider and not go ahead with the project. I was very interested in working with the seller, but this question remains to be solved. I could only go ahead if I decided NOT to sell the song (totally counter-productive for me as I invested quite a bit of ‘out-of-pocket’ money).

BUT - could I do this in two steps: can I ADD a license later on, like in 2 or 4 weeks, as long as it is Before I release the song? By the time I will be done with the mixing and mastering and artwork phases, it could be another month or so.

Cheers,

Andre

[imagination7413]

Have you asked the seller this question as well? It sounds like they answered the first one you had.

(I think the Fiverr Terms of Service have a section on this…)

ToS copy/paste:

Ownership

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, 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.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Fiverr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fiverr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Gig Commercial Use License

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. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fiverr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fiverr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

[barefoothearted]

Have you asked the seller this question as well? It sounds like they answered the first one you had.

(I think the Fiverr Terms of Service have a section on this…)

ToS copy/paste:

Ownership

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, 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.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).

By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Fiverr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fiverr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Gig Commercial Use License

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. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fiverr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fiverr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Thank you! To zero in on the exact precise content that applies in my case, can you point to it?

The narration will be part of a song that will be sold. It is not used to promote a product or service.

As for “adding” a license after the gig is done and delivered, let’s imagine a situation where a buyer decides after the fact (like 3 months later) that he would like to start selling the song. Is there a provision to ADD a license to a completed project?

[imagination7413]

Thank you! To zero in on the exact precise content that applies in my case, can you point to it?

The narration will be part of a song that will be sold. It is not used to promote a product or service.

As for “adding” a license after the gig is done and delivered, let’s imagine a situation where a buyer decides after the fact (like 3 months later) that he would like to start selling the song. Is there a provision to ADD a license to a completed project?

can you point to it?

It’s not my job to make sure you understand yours. The ToS are a legal, binding contract that you’ve already agreed too. It’s important that you thoroughly read them yourself, and not rely on a third-party who may not understand your specific needs.

That said, the ToS say the rights need to be a Gig Extra.

Is there a provision to ADD a license to a completed project?

I’m not a lawyer. I don’t know if a new Custom Order for the rights that details and references the first original order is enough to comply with the law.

I’ve heard that you can request a revision on older orders. If you can reopen the order, the seller should be able to a extra or two.

[alyonagrapie]

UPDATE: The seller was upfront in answering my question: “If the downloads are being sold, then Fiverr requires that a commercial licence is included on top.”

So if I need to add a “Commercial Rights” license, that is an extra $137.21CAD, and a “Full Broadcast Rights” license is an extra $274.41CAD. And that nearly triples the original quote, and makes it prohibitive in my case.

I had to reconsider and not go ahead with the project. I was very interested in working with the seller, but this question remains to be solved. I could only go ahead if I decided NOT to sell the song (totally counter-productive for me as I invested quite a bit of ‘out-of-pocket’ money).

BUT - could I do this in two steps: can I ADD a license later on, like in 2 or 4 weeks, as long as it is Before I release the song? By the time I will be done with the mixing and mastering and artwork phases, it could be another month or so.

Cheers,

Andre

UPDATE: The seller was upfront in answering my question: “If the downloads are being sold, then Fiverr requires that a commercial licence is included on top.”

Actually not exactly. Fiverr doesn’t require any additional pay for you to be allowed to use the delivery for commercial purposes. BUT sellers have an option to exclude the commercial rights from the package by stating this in their gig and including commercial license to the list of extras.

It’s all in the ToS.

So it’s not fiverr’s requirements, they are this specific seller’s requirements.

If you’re not 100% set on this particular seller, you can try looking for more affordable conditions from others. But I would expect all reputable and experienced sellers to charge extra for commercial use.

As for purchasing the rights later on, that’s a question of trust. First the seller has to trust you won’t release the song (I probably wouldn’t, unless we’ve been working together for a while). Then you have to trust the seller to keep their price for commercial use the same. From technical point of view, you would probably have to ask for a custom offer with details of your deal explained, maybe framing it as a similar purchase of VO+the license with VO being basically free, and place an order separate from your original purchase.

[barefoothearted]

Thank you,

BIG learning curve for a new Fiverr member, loads of variables in different situations and miles and miles of text to read. So it helps when someone who has been through it before can help narrow things down.

Reading reviews online confirms there are areas of confusion, and questions that need to be asked to help clarify things. And seeing the variety in the types of gigs offered and available on Fiverr in so many different domains, this increases the number of cases where experienced users can really help direct us to the pertinent content (for most of us), be they the sellers or the forum.

Much appreciate your help! You helped me look a bit less clueless, which is important in our communications with sellers. 🙂

Regards,

Andre