I’ve written custom music for people for their projects they’re working on. I’m pretty certain the copyright for the music would still belong to me and I could sell that same work if I wanted to (as part of an album). The buyer would still have permission to use the music for commercial use. Am I correct in this? Would there be legal issues? (I have it stated in my gig description that I could do this).
Fiverr TOS says that all rights to what you sell your buyers belongs to the buyer.
When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
It says “unless clearly stated otherwise on the Seller’s Gig page/description,” which it is.
I knew tha, but was not sure how it was worded. Please see above. Do you offer a gig extra for the CUR’s?
I would worry about a buyer coming back saying they were not aware that the rights did not belong to them.
I offer the commercial use as part of the gig because I don’t mind the music (even if the copyright belongs to me) being in their projects even if they are for-profit. If I were to sell the music on its own, I would make sure that CD Baby knew that there were versions of it in use on the internet or elsewhere and that they shouldn’t take anything down or penalized. And since it’s in my gig description, I wouldn’t think I would get in trouble for doing so.
I just don’t want anyone to get in trouble but still be able to put the music out there.
Have you ALWAYS had that in your gig description?
Yes, it’s always been there.