How does "work-for-hire" work? What makes it different from purchasing copyrights?

[newsmike]

56 minutes ago, mabelma said:

Agreed. I personally like to add my copyright terms on my FAQ, to make sure people understand that whilst they hold commercial rights to sell the image, I will always hold rights to display it in my portfolio and on my social media pages as completed work, unless a new agreement is reached and that has an extra cost.

Absolutely correct. Your written agreement always supersedes what someone thinks the "global rules" are. 

[mabelma]

23 hours ago, newsmike said:

Absolutely correct. Your written agreement always supersedes what someone thinks the "global rules" are. 

Exactly! Be as clear and direct with what you want to happen with your work, and things will go much more smoothly with your buyers.

[kjshelley]

I've read this thread. I dealt with Work for Hire, Copyrights, Patents for many years in New York City both as a creator and a buyer. - so hope this input helps.

"Work for Hire" is a legal term that clarifies "the buyer owns all rights to the product being produced... and the progressive elements created along the way to get there." They alone own the patent, the copyright, the reproduction, the intellectual property. So, from the time a Buyer describes the work and a Fiverr Provider take notes, does drawings, begins developing ideas, makes progress, shares multiple options, narrows down to a clients final deliverable... the Buyer owns not just the final version the Provider deliver, but all the steps used to develop it "on the Buyer's dime."

For a Producer to own any and all "intellectual property" they must REMOVE the words "Work for Hire" from their contract in the beginning. That way both Parties know and agree to a different legal standard.

Where this can get sticky is when a creator deals with so many clients that they use tools, techniques, libraries, and processes that accumulate over time, which precede a late-comer clients's work order. The client doesn't own your computer and desk and pencils and lamps to do the work, nor do they own your software licenses or printers or cell phone or car needed to perform the work, nor would that lay claim to sound, font, clip-art, etc. libraries sources to compile or construct a final piece. The Provider can invest in many things to perform their tasks that don't belong to any one client. These all belong to the Provider.

Finally, by example. The Client sees logos you've designed, and chooses one. And you then build all the brand elements using that chosen logo. They own everything and can copyright it as their logo. They don't need your permission in perpetuity. It's not a license they must renew to use it. And you can't go use it. You'd need their (the Owner's) permission to do so. Likewise with a product design, Buyer get to patent them (if wanted, if available). They can license or sell it as they like, not you.

 

[krendell]

Hey guys, 

I am writing from the buyers perspective (the enemy :P) - hoping any or all of you can help me. Wanting to make sure all of the above is cleared up in the first or second interaction when I am purchasing digital downloads, I myself am just wanting voice overs, however I will be selling this product.

I am thinking I will encourage the seller to add their own FAQs, read the ToS (as yes, many people don't) but more importantly communicating clearly what i am doing and asking to buy the source file for an additional 50% of the original value during the first interactions. 

Black, white or grey, I don't really want to  feel like I haven't done my due diligence if there are any issues in the future. I know if I were the seller and I saw someone on-selling my content (or my voice to be specific) I might want further $$ 😛 

Does anyone here feel like the above isn't necessary, or if I should add something else. BTW - all of your content has been super helpful guys!

 

[dereck_s]

On 4/23/2019 at 7:35 AM, frank_d said:

This is a very complex issue.

I am currently in discussions with a past client and lawyers are involved.

It is true that by operating on Fiverr we are bound by Fiverr’s ToS and Fiverr clearly states all projects here are under the “work-for-hire” act of the copyright law.

At the same time, copyright is offered in bundles.

There are

1. rights to display work
2. rights to reproduce work
3. rights to make adaptations (derivative works).

Not sure where we stand on those, as I am now in discussion with a past client who claims they now own the source files I created.

(they decided they shouldn’t have to hire me for future updates)

I've always wondered about that as well since I've seen companies trying to upsell copyright rights. Whenever anyone asks me about copyright I just provide them the TOS link and tell them to me what that means (as a logo designer) that their fully completed design is theirs and that I will never use as a part of another clients design.

I do however sell my source file and if I'm ever asked that aspect of it I tell them that the source file I use to build all of my designs is a template that has my "Proprietary technology". This gives me ownership of the actual file itself which is the difference between a PSD and a jpeg. The jpeg has their design but the PSD has my template and Proprietary technology.