Fiverr Forum

Saw one of our popular Sellers on TV and no Broadcast Rights offered


#1

Today I saw one of our Sellers, who offers Spokesperson gigs, performing in a television commercial in my US city (over 3 mil viewers). I checked out his gig and it appears he doesn’t offer Broadcast Rights. Not only that, his average earnings are THOUSANDS of dollars below market value for similar commercial work in my city.

It saddens me to see Fiverr Sellers creating their own sweat shop to work in.

Please don’t respond by preaching the concept of market competition. The crux of this rant is about unhealthy market competition and exploitation.


#2

Sorry, but I don’t think that likening someone giving unconditional use for no extra fee is comparable to sweat shop conditions, even if I agree with the premise that the seller is undervaluing themselves.
However (without preaching), that is their choice and bar managing to create a VO cartel to maintain certain prices, its not something you can really do much about.


#3

Hard to say without knowing the details of the deal. Perhaps he did a custom offer that included the broadcast rights.


#4

“Sweat shop” obviously not to be taken literally, lol!


#5

Is it exploitation if the person doesn’t feel exploited and chooses to do it?


#6

After giving it more thought — Since a Spokesperson image becomes the brand of any Buyer who uses him, well, using a spokesperson with thousands of orders in their history (like the Seller mentioned in my original post) should be a concern for advertisers (like the one mentioned in my original post). Buyer beware indeed!


#7

Good rhetorical question! You’re right nobody is holding a gun to anyone’s head here on Fiverr. I stand corrected!


#8

Every gig I deliver comes with all broadcast rights. It’s built into the price. I don’t offer it without broadcast rights. I make everyone pay for it whether they want to broadcast or not.

So when you go to my description page, I don’t offer a broadcast extra.


#9

I don’t understand. You offer an editing/mastering gig. That would never require broadcast rights. Those apply to talent. It is not like after you pay broadcast rights to the talent, you then also pay them to then the engineer, then the studio owner, then the craft services guy and then to the electricians and finally to the receptionist at the studio.

Even if it were appropriate to charge broadcast rghts on editing, your base gig starts at $5. How do you have broadcast rights built into that?


#10

He doesn’t have to offer broadcast rights, most of the people I hire don’t charge for commercial licenses. These are OPTIONAL, not mandatory. When I worked in advertising, we never hired union labor. All our VO’s, actors, etc, were either non-union or they accepted a buyout. Why should Fiverr be any different?

Fiverr is all about market competition. There’s no exploitation here, each seller chooses the price of his wares.

It saddens me to see people not realize that sweat shops are loved in the third world, and preferred over backbreaking work in agriculture. Air conditioned sweat shops with a chair to sit down, opportunities for advancements, reliable wages, and a dormitory are preferable to picking up rice all day, leaving in a tiny hut with a large family, and never getting anywhere. Google “in defense of sweatshops” and see for yourself.


#11

I have delivered about 2500 whiteboard/promo videos, which include graphics and voiceovers.

I think your concern is that I am not charging enough. I average $25.00-$100 per hour on my Fiverr gigs. They all include broadcast rights.


#12

I can’t speak for the other categories but they are indeed mandatory for the VO category. Fiverr started pulling gigs which didn’t have it listed. Every VO gig must include a CL or BL.


#13

If you are hiring VO artists then the talent charges you for broadcast rights, do you also charge for a separate set of broadcast rights for editing?


#14

My broadcast rights are already built into my prices as well.


#15

I provide the voice over for my projects.


#16

I’m curious, unless the TV commercial in question is in the seller’s portfolio, why should it be assumed that he was hired for the project on Fiverr? Maybe he was compensated at a much higher rate off the platform.

For what it’s worth, my full market rates are substantially higher off Fiverr, like many sellers here.

However, I also choose to offer highly reduced rates on Fiverr. If anyone has a problem with it, he/she can set their rates as they see fit. No need to complain what others are charging and doing in their business.


#17

I doubt if a seller would be hired on fiverr to be on television.


#18

You’re right, Fiverr’s TOS speaks about it.

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.

As for the rest of us:

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.

Frankly, I don’t understand why VO artists are under different standards than the rest of us.

Besides, as TOS puts it:

Fiverr does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.


#19

Bear in mind, Micha Kaufman (Fiverr CEO/Co-Founder) is also an Intellectual Property Rights Attorney.

His TOS is a very condensed version of the copyright laws in most countries. If you read US copyright law at their government site, you’ll learn that we must state clearly upfront to our customers that we want to retain ownership of our property. Micha has chosen to state that clearly to Buyers with every Voice Over order. It has yet to be added to the Spokesperson category, which I hope will happen.


#20

In that case, then yes, I do think you should raise your prices. :grinning: