I made a gig on Fiverr to make quick simple lofi beats and ended up selling 2 of them to some guy. One of them included commercial use but the other did not. I just found out that he opened his own Spotify account without telling me and is claiming that he produced all of the music on his Spotify. However, he went all out, putting my music on apple music, SoundCloud, and even tik tok. I never ever gave the impression that my work could be released as their own, in fact, I said it should be used for vlog music, etc. According to Fiverr’s TOS, the commercial use license excludes any work that is defamatory, and I would argue that this is indeed that. I never agreed to be associated with his brand at any point in time.
If he paid for comercial lince ce he can use for profit as he wishes, you transferred all copyrights to him.
If he didn’t pay for the second order copyrights then he can not use for profit.
I would say that “defamatory” is a wrong word in this case.
I was just quoting Fiverr’s ToS
And in my opinion there is nothing defamatory in how he is using your work So I wouldn’t say that he is breaking Fiverr TOS.
Definition of the word “defamatory” is completely different from “he is presenting my work as his.”
Alright, so the first song is a moot point, however I never sold him the commercial license to the second song. What he’s doing with the second song is illegal.