Third Party TOS Question

[Guest phantompower]

If an image has 2 licenses, one for personal use and the other for commercial use. The personal one states I can use it on adverts but I can’t sell it to a client while the commercial one is the same as the personal with the difference being I can sell it to a client. If a client goes ahead and buy the personal license then pays me to do some final editing is there anything wrong with that? What if the client is busy and pays me to buy the personal license on his or her behalf then pays an extra for me to do the final editing, should I be forced to buy the commercial license even though I am conducting the purchase on behalf of the client?

[misscrystal]

If an image has 2 licenses, one for personal use and the other for commercial use. The personal one states I can use it on adverts but I can’t sell it to a client while the commercial one is the same as the personal with the difference being I can sell it to a client. If a client goes ahead and buy the personal license then pays me to do some final editing is there anything wrong with that? What if the client is busy and pays me to buy the personal license on his or her behalf then pays an extra for me to do the final editing, should I be forced to buy the commercial license even though I am conducting the purchase on behalf of the client?

the commercial one is the same as the personal with the difference being I can sell it to a client. If a client goes ahead and buy the personal license then pays me to do some final editing is there anything wrong with that?

If you mean he buys the personal license on his own and not from you then there is nothing wrong with you editing it, I don’t think, although is it really worth it to you to risk it? You know they are going to use it for a commercial purpose and you possibly could get into trouble.

[misscrystal]

If an image has 2 licenses, one for personal use and the other for commercial use. The personal one states I can use it on adverts but I can’t sell it to a client while the commercial one is the same as the personal with the difference being I can sell it to a client. If a client goes ahead and buy the personal license then pays me to do some final editing is there anything wrong with that? What if the client is busy and pays me to buy the personal license on his or her behalf then pays an extra for me to do the final editing, should I be forced to buy the commercial license even though I am conducting the purchase on behalf of the client?

What if the client is busy and pays me to buy the personal license on his or her behalf then pays an extra for me to do the final editing, should I be forced to buy the commercial license even though I am conducting the purchase on behalf of the client?

It’s not going to work. You can’t buy it on the clients behalf. If you buy it then YOU bought it, not the client. The only way you can then sell it to the client if it’s a commercial license.

Yes in that case you are “forced” as you put it to buy the commercial license.

[Guest phantompower]

What if the client is busy and pays me to buy the personal license on his or her behalf then pays an extra for me to do the final editing, should I be forced to buy the commercial license even though I am conducting the purchase on behalf of the client?

It’s not going to work. You can’t buy it on the clients behalf. If you buy it then YOU bought it, not the client. The only way you can then sell it to the client if it’s a commercial license.

Yes in that case you are “forced” as you put it to buy the commercial license.

Both the personal and commercial license allows for editing so I’m safe on the editing side. What was bothering me is the part where the client wanted to pay for me to purchase a license on his behalf because no other client ever asked me to do it before. I though it would be ok purchasing for him because he pays the exact amount needed to purchase the personal, I buy it and forward it to him then he pays the extra to have it edited.

[misscrystal]

Both the personal and commercial license allows for editing so I’m safe on the editing side. What was bothering me is the part where the client wanted to pay for me to purchase a license on his behalf because no other client ever asked me to do it before. I though it would be ok purchasing for him because he pays the exact amount needed to purchase the personal, I buy it and forward it to him then he pays the extra to have it edited.

It’s obvious he wants to use it for a commercial purpose but he is letting you take the blame if something goes wrong and he gets caught.

[Guest phantompower]

It’s obvious he wants to use it for a commercial purpose but he is letting you take the blame if something goes wrong and he gets caught.

Actually what the license states is that, you can use the personal license for commercial purposes but you can’t sell the personal license to another person, if you want to sell the license then you have buy the commercial license. So both licenses can be used commercially. ie on tv, adverts etc but I can’t buy the personal license and sell it to someone at a profit. This is where the question comes in, if the buyer pays me the exact amount to purchase the personal license for him will it be counted as if I am buying it for reselling purposes?? A thought just came to my mind, what if the buyer initiates a charge back 😕 I will be left at a loss of both the funds used to buy the license and also the funds used for editing… I think the best thing would actually be for him to buy the license himself… Thank you @misscrystal you’ve helped open my eyes.

[diegow]

Are these licenses provided by Fiverr (I know there’s a “For Commercial Use” license somewhere in Fiverr, but I’ve never ventured into the copyright-protected categories) or by the seller of the image? Either way, the only way to answer your questions is by reading the full text of the actual license (not the abridged human-readable version that usually accompanies them).

Your question, for example, involves several matters such as license ownership and transferability (if you pay for the license, does that make you the licensee? can you transfer the license after purchase?), derivative work (can you create derivative work based on the licensed work?), sublicensing (can you give others the right to do stuff with the licensed work?) and others.

Based on these matters, others would come up. For example, based solely on your comments, if you purchase the license yourself, AND as per the text of the license that makes you the licensee, you will definitely need a commercial license to modify it and send the work to the client, since you would be profiting from it. Not only that, but since your client probably wants to do SOMETHING with that image other than just looking at it and saying “oh shiny!”, you would need sublicensing rights. And what sublicensees can do with that license should be specified in the text of the original license.

[Guest phantompower]

Are these licenses provided by Fiverr (I know there’s a “For Commercial Use” license somewhere in Fiverr, but I’ve never ventured into the copyright-protected categories) or by the seller of the image? Either way, the only way to answer your questions is by reading the full text of the actual license (not the abridged human-readable version that usually accompanies them).

Your question, for example, involves several matters such as license ownership and transferability (if you pay for the license, does that make you the licensee? can you transfer the license after purchase?), derivative work (can you create derivative work based on the licensed work?), sublicensing (can you give others the right to do stuff with the licensed work?) and others.

Based on these matters, others would come up. For example, based solely on your comments, if you purchase the license yourself, AND as per the text of the license that makes you the licensee, you will definitely need a commercial license to modify it and send the work to the client, since you would be profiting from it. Not only that, but since your client probably wants to do SOMETHING with that image other than just looking at it and saying “oh shiny!”, you would need sublicensing rights. And what sublicensees can do with that license should be specified in the text of the original license.

The personal license says, the end product must be free, the commercial license says, the end product can be sold. This are not fiverr licenses they are from a third party and no I can’t paste the link to the site here. If the client pays me the exact amount needed to buy the personal license doesn’t that count as free? I can’t sell the client the personal license but I can surely charge him if he needs me to edit the content .(either in a personal or commercial license)

[armer]

Don’t buy the license for him.
What if the buyer decided to cancel or do a chargeback?
You will loose both your hard work time and the money you put on the table to buy the license.
So I think you need to be careful.

[cyaxrex]

I’m sorry but there is no way that you can buy a personal license and try to get around commercial use implications by saying that you are buying it on behalf of someone for their personal use. Most licenses are not transferable. In fact, whenever a middleman reseller of services buys something like an image which a Fiverr seller has the rights to use and sell commercially, the buyer (in most cases) breaks the law the minute they send a final product onto their client.

If I was you, I would close down all communication with this buyer as it’s simply not worth risking your reputation.

[Guest phantompower]

@cyaxrex @armer @diegow @misscrystal Just incase you wanted an update. Support from the third party site just replied to me and told me "If your client purchases the regular license himself, he can hire you to do the edits to the template and you can charge him your agreed price, if you decide to purchase the template yourself you should choose the commercial license because at this time you won’t be using the template personally but rather using it for your client’s work…"
ADDITION If I purchase the template under regular license on behalf of the client I should transfer everything including the license to him and then delete the template from my workstation.