VO Commercial Use and Broadcast Release demystified

[matureactress]

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.

[allen_vo]

Well said Matureactress. The distinction about being both producer and talent is key.

[newsmike]

NIcely said. How open are you to us borrowing your text to use to explain to buyers when needed?

[matureactress]

NIcely said. How open are you to us borrowing your text to use to explain to buyers when needed?

Thank you for asking! Anyone who’s interested can message me and I’ll send you the template that I use.

btw - When Buyers purchase the CUL as an extra, it adds another layer of legal protection because it proves in court their intent to secure the rights properly. They need only keep a copy of the completed and paid order.

[misscrystal]

I’ve seen some VO artists who do not charge extra for these commercial rights so is it safe to assume they are included in the price already?

What kind of license would I need to purchase to use a VO in a video for my gig?

[newsmike]

I’ve seen some VO artists who do not charge extra for these commercial rights so is it safe to assume they are included in the price already?

What kind of license would I need to purchase to use a VO in a video for my gig?

What kind of license would I need to purchase to use a VO in a video for my gig?

I could be wrong, but it seemed that when fiverr required VO artists to accept the new pricing structure that the offering of commercial license was mandatory. I would not think that you would need any to use here on fiverr. But I am no attorney.

[Anna]

I’ve seen some VO artists who do not charge extra for these commercial rights so is it safe to assume they are included in the price already?

What kind of license would I need to purchase to use a VO in a video for my gig?

What kind of license would I need to purchase to use a VO in a video for my gig?

I think it would depend on the seller’s gig. Usually it would be the "Commercial License’ since Fiverr specified the ‘Broadcast License’ to be for TV and Radio. But each seller has to opportunity to decide for themselves. Your gig, your rules (or so it seems).

Yes, there are quite a few sellers who still incl. the license in the basic price. You just have to dig deep to find them.

[matureactress]

I’ve seen some VO artists who do not charge extra for these commercial rights so is it safe to assume they are included in the price already?

What kind of license would I need to purchase to use a VO in a video for my gig?

Miss Crystal,

If you need a VO for your gig, I would be happy to supply you one with a custom offer of $5 no matter how many words or revisions you need, including the CUL. I’m offering that as a special pricing to you because you’re a Forum friend. :star_struck:

[matureactress]

What kind of license would I need to purchase to use a VO in a video for my gig?

I could be wrong, but it seemed that when fiverr required VO artists to accept the new pricing structure that the offering of commercial license was mandatory. I would not think that you would need any to use here on fiverr. But I am no attorney.

Everything depends on how the Buyer intends to use the work. Here are 3 questions to determine what is needed.

Is it for use within the company, like a voicemail greeting? If so, Basic Rights (Implied Rights) are included with the purchase. If any part of the recording is used for any other purpose, the company would be violating copyright law.

Is it for generating a profit for the company? If so, you need either a CUL or a Broadcast Rights.

What is the extent of public reach it will have? CUL covers limited use on the internet, trade-show kiosk, etc. Broadcast is wide public reach like radio, TV and internet t streaming.

REMEMBER - Ownership is different than granting Rights and are secured differently.

[neilrogersvoice]

Where does game audio fit in this paradigm? Is it standard license or Broadcast?

[matureactress]

Where does game audio fit in this paradigm? Is it standard license or Broadcast?

For the development of a video game product, I recommend a Buyer secure an “Assignment of Ownership” document that transfers ownership of the recording, as opposed to just a license. Remember this, anytime the intended use is to generate a profit, either an AO, CUL, or BR is needed. CUL and BR differs by how they reach consumers.

[peterdenney870]

Hello, you’ll probably be getting quite a few of these enquiries now, but we’re looking to do a promotional video which will be shown on social media but nowhere else…will I need full broadcast rights for this??

[Anna]

Hello, you’ll probably be getting quite a few of these enquiries now, but we’re looking to do a promotional video which will be shown on social media but nowhere else…will I need full broadcast rights for this??

Ask your seller. Some sellers only charge the broadcast license fee for TV and Radio.

Here is a copy of Fiverr’s TOS:

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/ …

[mattvopro]

this is a very nice post. Thank you for taking time to put it together.

I wish more people would read it and understand that they really need to require the licenses as outlined by fiverr.

I also think there are instances when the two licenses/rights are not necessarily in line with each other. If a non profit is (non commercial) entity is broadcasting a commercial on TV/Radio then I believe they should still be required to buy the Broadcast Rights. I wish more buyers understood why it’s important for them to secure the rights.
thanks again.

Matt

[newsmike]

this is a very nice post. Thank you for taking time to put it together.

I wish more people would read it and understand that they really need to require the licenses as outlined by fiverr.

I also think there are instances when the two licenses/rights are not necessarily in line with each other. If a non profit is (non commercial) entity is broadcasting a commercial on TV/Radio then I believe they should still be required to buy the Broadcast Rights. I wish more buyers understood why it’s important for them to secure the rights.

thanks again.

Matt

If a non profit is (non commercial) entity is broadcasting a commercial on TV/Radio then I believe they should still be required to buy the Broadcast Rights

Yes, of course. It has nothing to do with the organization being represented, it has to do with the type of organization broadcasting or transmitting the message. That’s why charities have to pay the same as everyone else to be on radio or TV.

[allen_vo]

I find it frustrating that Fiverr is requiring voice actors to be the de facto enforcement mechanism for expanded rights even though it’s now part of the TOS. Every cancellation I’ve endured the last 60+ days has occurred because buyers were unwilling to pay for the requisite rights even though my ordering requirements are explicit about needing them if a voice over promotes/markets/sells a product or service. The ordering requirements even state, “PLEASE NOTE: If you need, but are unwilling to pay for commercial rights, please cancel the order now.” Regardless, too many buyers are ignoring this requirement and I’m stuck with the requisite hit to my stats as a result of a cancellation.

In short, there needs to be a mechanism for Fiverr support to restore equity to these situations and protect sellers from buyers manipulating the system, especially when voice actor sellers are the only practical means of enforcing this part of the Fiverr TOS.

[sales_voice_4_u]

Thank you for asking! Anyone who’s interested can message me and I’ll send you the template that I use.

btw - When Buyers purchase the CUL as an extra, it adds another layer of legal protection because it proves in court their intent to secure the rights properly. They need only keep a copy of the completed and paid order.

Hi, thanks for your explanation. I find myself conflicted often about which license buyers need, but this makes it much clearer. If you wouldn’t mind sharing your template, that would be great! Also, if you don’t mind me asking, when a buyer purchases a Gig that requires a license, but doesn’t add it to their order, have you found an approach that works best in encouraging them to add it? Thanks!

[fonthaunt]

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