Intelectual rights and commercial use extra

[alfonsodpn]

Hello people!

I hope you can clarify a doubt that i have.

I know that once you sell you work on fiverr, all the intelectual rights are given to the buyer unless stated otherwise in the gig description.

I client bought a custom offer i made and apprently he did not buy the commercial use extra. I didn’t knew how to offer it neither since i can’t see my extras when i’m creating the custom offer.

What rights am i keeping on my work if i do not sell the commercial use? Is it still mine or he has alredy all the intelectual rights?

Can i offer just a license of perpetual use and keep my rights on my work?

What i want to do is to keep my intelectual rights or at least some rights upon my work before selling him the commercial use right, and i want to give him that right only through license, not via transfer of rights.

Can i do that? (i’ve just updated my gig description and stated that i will keep all my intelectual rights on my works. That only applies to further jobs right? )

Thanks! I know this seems complicated. Sorry hehe

[alfonsodpn]

The main reason because i need to know all of that is because i want to use the music i made for a personal video, no profit intended or anything commercial related. I just want to have my music on youtube and share it as part of my portafolio and my client prefer that i rather not to.

[uk1000]

I assume he now owns and has all rights (IP, copyright) to it (the delivery) except the right to use it commercially (in any for-profit way), unless it was stated otherwise at the time he purchased the gig I think.

See terms of service for full info on ownership, commercial rights, etc.
https://www.fiverr.com/terms_of_service

My guess is if he has full copyright to it (except the right to use it commercially) and doesn’t give his permission for you to use it (doesn’t want you to) then I don’t think you can use that music legally without his permission. Though for future orders you could put something in the gig description to allow for that if you wanted.

I just want to have my music on youtube and share it as part of my portafolio

Wouldn’t putting it as part of a portfolio be business-related (eg. would help get future orders, sort of like an advertisement) and so be commercial use?

[misscrystal]

I assume he now owns and has all rights (IP, copyright) to it (the delivery) except the right to use it commercially (in any for-profit way), unless it was stated otherwise at the time he purchased the gig I think.

See terms of service for full info on ownership, commercial rights, etc.

https://www.fiverr.com/terms_of_service

My guess is if he has full copyright to it (except the right to use it commercially) and doesn’t give his permission for you to use it (doesn’t want you to) then I don’t think you can use that music legally without his permission. Though for future orders you could put something in the gig description to allow for that if you wanted.

I just want to have my music on youtube and share it as part of my portafolio

Wouldn’t putting it as part of a portfolio be business-related (eg. would help get future orders, sort of like an advertisement) and so be commercial use?

I assume he now owns and has all rights (IP, copyright) to it (the delivery) except the right to use it commercially

That is not correct. If the seller didn’t say they offer a commercial use license, then they buyer can use it any way they choose to.

[uk1000]

I assume he now owns and has all rights (IP, copyright) to it (the delivery) except the right to use it commercially

That is not correct. If the seller didn’t say they offer a commercial use license, then they buyer can use it any way they choose to.

edit:

I think you’re right. Since it was a custom offer it probably should have mentioned in that offer if it didn’t include commercial use, otherwise it should be assumed that it does include commercial use I assume.

note: on the normal gigs, on 1 gig it mentions it includes commercial use. On the other gig (which has 3 packages) 2 of them say “commercial use” and the cheapest package has that option blank (not checked) so it if had been a normal order (not custom offer) of that cheapest package the buyer wouldn’t have got commercial use, however since it was a custom offer I assume the buyer has full commercial use rights unless it was indicated otherwise in the custom offer.

[alfonsodpn]

edit:

I think you’re right. Since it was a custom offer it probably should have mentioned in that offer if it didn’t include commercial use, otherwise it should be assumed that it does include commercial use I assume.

note: on the normal gigs, on 1 gig it mentions it includes commercial use. On the other gig (which has 3 packages) 2 of them say “commercial use” and the cheapest package has that option blank (not checked) so it if had been a normal order (not custom offer) of that cheapest package the buyer wouldn’t have got commercial use, however since it was a custom offer I assume the buyer has full commercial use rights unless it was indicated otherwise in the custom offer.

That’s the problem. When i create a custom offer, i can’t see any extra i’m offering, there’s no option. So i did not offer the commercial use and since this client is requesting commercial use if it’s neccesary (so he can have all exclusive rights) i asume he do not saw the commercial use option either. I contacted support and they said that, if i want to, i can send him another offer when i state in the description that the offer is for commercial use.

[alfonsodpn]

Also, if i did not mention anything about an agreement regarding the commercial use, nothing can be asume appart that there’s no agreement.

[alfonsodpn]

I assume he now owns and has all rights (IP, copyright) to it (the delivery) except the right to use it commercially (in any for-profit way), unless it was stated otherwise at the time he purchased the gig I think.

See terms of service for full info on ownership, commercial rights, etc.

https://www.fiverr.com/terms_of_service

My guess is if he has full copyright to it (except the right to use it commercially) and doesn’t give his permission for you to use it (doesn’t want you to) then I don’t think you can use that music legally without his permission. Though for future orders you could put something in the gig description to allow for that if you wanted.

I just want to have my music on youtube and share it as part of my portafolio

Wouldn’t putting it as part of a portfolio be business-related (eg. would help get future orders, sort of like an advertisement) and so be commercial use?

I don’t know if that counts as commercial use since i’m not making any money out of those videos. I can just show my work for free. As an artistic expression. Of course, i can’t say anything like “buy music for me” on that video or something alike

[alfonsodpn]

I assume he now owns and has all rights (IP, copyright) to it (the delivery) except the right to use it commercially

That is not correct. If the seller didn’t say they offer a commercial use license, then they buyer can use it any way they choose to.

So, he does not own all the rights? Or he does? What rights am i keeping?

[alfonsodpn]

Important information update: The team support said this:

“If you want your music to remain your music, then that is fine. You are not obligated to do it because a Buyer requests it. Let the Buyer know that you would prefer for your music to be for personal use only. You can even add that in the Gig Description, so that buyers know this ahead of time.”

So, from what i’m understanding, if i do not sell my commercial use right, i can still use my music.

Do you understand the same?

[uk1000]

Which gig is it and are you sure you created an extra “commerical use” option that can be selected?

Is the order complete?

I didn’t think the terms of an existing order could be altered once an order was already sold (and marked as complete). eg. if it was bought (eg. through an offer) and the assumption was it included full commercial use (as it wasn’t specified otherwise) can it really be changed to personal use only when the buyer has already bought the order (and if it’s complete) when the buyer can’t be refunded?

note: TOS says “Terms of Commercial use is found on the seller’s Gig page and cannot be retroactively included once the order is completed for over 14 days.” (not sure why the >14 days is there).

edit: Though if Fiverr support says it’s okay I assume it is. Probably just follow what Fiverr support says.

[alfonsodpn]

The order is completed. I did not gave the commercial use extra. You can’t assume something that you didn’t order, that’s the issue. I’m not changing any agreements since i did not made any appart from sell the music.

By the way, i didn’t knew the 14 days deadline for a delivery to change terms.

[cyaxrex]

To be honest, you don’t need to worry. If you haven’t supplied an actual licensing certificate, you still own the right to reuse any elements of the work which you have provided. What you are not allowed to do is upload the exact same content and claim ownership of it.

i.e. I sell a cheap explainer video template. I created this template, I paid for the right to distribute the soundtrack which accompanies it, and right after ‘We Sell Double Glazing’ purchases from this gig, ‘Mr. This is my Pet Shop’ might order the exact same video. Neither of them now exclusively own the soundtrack and/or individual animation effects which they have purchsed. They own a finished piece of work which they simply have the right to use without someone coming along and saying, "hey you cheeky beggar, that’s my video,’

What you can’t do is sell work which includes elements such as music to one person, if you have already explicitly stated that some elements now belong exclusively to someone else. Also, unless you have reserved the right to use a finished piece of work customized to the needs of one client in your portfolio, you can’t really do this.

If I was you, I would steer clear of charging extra for commercial use. It just gets messy in a context like selling on Fiverr. Moreover, all rights which most clients are looking for are already included as standard in Fiverr’s TOS.

[alfonsodpn]

To be honest, you don’t need to worry. If you haven’t supplied an actual licensing certificate, you still own the right to reuse any elements of the work which you have provided. What you are not allowed to do is upload the exact same content and claim ownership of it.

i.e. I sell a cheap explainer video template. I created this template, I paid for the right to distribute the soundtrack which accompanies it, and right after ‘We Sell Double Glazing’ purchases from this gig, ‘Mr. This is my Pet Shop’ might order the exact same video. Neither of them now exclusively own the soundtrack and/or individual animation effects which they have purchsed. They own a finished piece of work which they simply have the right to use without someone coming along and saying, "hey you cheeky beggar, that’s my video,’

What you can’t do is sell work which includes elements such as music to one person, if you have already explicitly stated that some elements now belong exclusively to someone else. Also, unless you have reserved the right to use a finished piece of work customized to the needs of one client in your portfolio, you can’t really do this.

If I was you, I would steer clear of charging extra for commercial use. It just gets messy in a context like selling on Fiverr. Moreover, all rights which most clients are looking for are already included as standard in Fiverr’s TOS.

Thanks! But i have news. I was talking with support and they said this:

"You are not being complicated, I meant, I did not want you to get confused by allowing this to be more complicated. Yes, if you choose not to sell the Commercial Use license and prefer to sell your music for person use only, you are welcome to do that. You will keep the full rights to your music. "

I think this clarifies all the issue. I keep FULL rights, so i can still use my work as i wish.

[alfonsodpn]

Here’s the capture so you can verify the information.

I think this trend will help a lot to other sellers and costumers.

What i’m going to do is offer a license of use via contract.

Thanks!

[alfonsodpn]

MUSIC LICENSE AGREEMENT
This license agreement (hereafter referred to as the “AGREEMENT”) is made between the [LISCENSEE NAME] (hereafter referred to as the “LICENSEE”) and the copyright owner(s) [COPYRIGHT OWNER’S NAMES] (hereafter referred to as the “LICENSOR”), in regards to the musical composition embodied in the [THE WORK] mobile application (hereafter referred to as the “Work”) on the date of the signing of this agreement set forth below.
GUARANTEE
LICENSOR guarantees that it owns and controls the rights represented herein with respect to the recordings and the musical compositions in the Work and has and will hold throughout the TERRITORY and during the DURATION the above listed rights to exploit the Work as contemplated herein. LICENSOR shall indemnify and hold the LICENSEE harmless from any and all claims, liabilities and costs, losses, damages or expenses (including attorney’s fees) arising out of any breach, allegation, claim or failure of any covenants or warranties made by the LICENSOR herein.
GENERAL TERMS
The mechanical, synchronization, and performance rights granted to the LICENSEE within the AGREEMENT include (1) right to re-record, duplicate and release the Work as part of a production in whatever medium(s) necessary (i.e. video tape, film, CD-ROM, DVD). If the music is used in software such as a video game application or other software product, the music will be “embedded” with the intention that the end user of the software or video game is unable to extract or use the music on its own; (2) right to use the music as a soundtrack “synced” with visual images as part of a production; and (3) right to use the music as part of the public viewing or broadcast of a production (including but not limited to TV shows, videos, DVDs, Web Sites, podcasts, multimedia presentations, and films). The LICENSOR grants LICENSEE an exclusive perpetual license to use the Work herein.
RIGHTS NOT INCLUDED IN THIS AGREEMENT
The rights granted to the LICENSEE do not permit the LICENSEE to (1) claim authorship of the music represented under this AGREEMENT; (2) transfer, share or sub-lease this license agreement with any other party; (3) copy or duplicate the Work except for use in the LICENSEE’S productions; (4) permit any other individual or third party the right to use the Work in place of the LICENSEE; (5) resell, trade, or exploit for profit the Work contained herein outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party (although the music can be sold as part of the production, which is a clear and distinct product from Work itself.)
TERRITORY
The territory of this contract is the entire universe.
CREDITS
The LICENSEE is not required to credit the Work to the composer, publisher, or LICENSOR in the LICENSEE’s productions (in liner notes, rolling credits, verbal acknowledgment, etc.)
DATES
The term of the contract is effective on THE DATE SIGNED BELOW.
FEES
The LICENSEE agrees to pay the LICENSOR a one-time fee of [ENTER AMOUNT ALREADY PAID]. The LICENSEE will not owe any future additional royalties or fees to the LICENSOR for future use of the Work within the terms of this AGREEMENT.
THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HEREIN.
Licensor
__________________ [LICENSOR SIGNED DATE]
[LICENSOR PRINT NAME]
Licensee
__________________ [LICENSEE SIGNED DATE]
[LICENSEE PRINT NAME]

This will be the contract.