Interesting points you make.
Well, if that’s your policy when making orders, I would simply not provide my services to you. I’m one of those sellers who want to get compensated for my time according to which service I offer.
This is because I value my time and effort, and if a business is ordering my services, they can afford the extra five bucks. If they don’t want to spend that extra, they are welcome to choose another seller.
About the legal rights, this is what Fiverr TOS says about commercial rights:
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.”
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.
Simply put, as a private individual they will own the recording, but as a business, who will use the recording for commercial purposes, this is covered under Fiverr TOS.
If it’s a big client, I just might do that! If I had nothing to gain from that, I would still consider legal actions because the individual/business pissed me off. But as @newsmike so nicely put it; That’s not really the point.
If someone want to misuse my services and not do the right thing, I’m sure they can.
If I catch them, I’ll do everything in my power to make sure they get a slap on the wrist for breaking the agreement and being dishonest.
Thankfully, this isn’t a problem I ever had to face, because, fortunately, most buyers will want to do the right thing, and by doing so, they have their asses covered, and I get proper compensation for my time.