The following is copied and pasted from Fiverr’s newly updated TOS. I will attempt to explain this to you better in layman’s terms. I’ve entered breakdowns in italics. Full disclosure, I’m an experienced Paralegal (past career) and not an attorney.
VOICE OVER COMMERCIAL BUYOUT
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). In other words, included in their purchase are VERY basic rights. For example, for their answering machine recording, or anywhere they’re not seeking a profit from the use of the production.
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. This is the next level of rights transfer. This is for the Buyer who chooses to use the VO recording to promote their product/service for profit but with limited public reach.
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 is for companies who profit from the largest type of public reach.
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. This is basically a CYA for Fiverr and it’s Sellers that says the responsibility to make either of these Buy-Out documents tight from a legal standpoint is the responsibility of the Buyer.
So, why do Buyers need to purchase these Buy-outs? Well, Fiverr’s VO Sellers are not just the talent, they’re also the producer, which gives them the rights of ownership. Should a company use the production without owning the rights they could be sued by the owner for a percentage of the profits gained from the use of the production. This happens often and companies typically settle out of court.
Buyers are wise to buy the appropriate extra to protect themselves. And Sellers are wise to sell it as an extra.