Copyright notice in infographics

[cristiscutaru]

Sorry if this has been already asked, but are we allowed, in own own infographics we create and sell, to add a short “© mywebsite-dot-com” static notice (no active link) at the bottom of our generated static images?

[imagination7413]

Terms of Service:

Ownership

Ownership and limitations: Unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. 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.

There’s more in the TOS on the subject.

[cristiscutaru]

Terms of Service:

Ownership

Ownership and limitations: Unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. 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.

There’s more in the TOS on the subject.

Thanks. I was afraid there is something like that 🙂

I’m still confused with “Unless clearly stated otherwise on the Seller’s Gig page/description”. This assumes we’re not necessarily asked to ALWAYS waive our intellectual property rights. But how to do this?

The problem with many infographics is once you sell them, the user may display them on his/her website and forget to put any copyright notice anywhere. And someone else could simply steal the image and sell it as its own.

[uk1000]

Thanks. I was afraid there is something like that 🙂

I’m still confused with “Unless clearly stated otherwise on the Seller’s Gig page/description”. This assumes we’re not necessarily asked to ALWAYS waive our intellectual property rights. But how to do this?

The problem with many infographics is once you sell them, the user may display them on his/her website and forget to put any copyright notice anywhere. And someone else could simply steal the image and sell it as its own.

But how to do this?

If you want them to have to put a copyright text referring to you whenever they’re used you could put a line of text in the description like TOS says (“unless clearly stated otherwise on the gig page/description”). ie. you could say in the description. “I retain the copyright to all infographics sold. The text © mywebsite must be displayed wherever those infographics are used”. You could/should check with CS to be sure/safe.

Though it might (probably?) be that the website name your are asking them to put on them could be against the TOS/policies to mention in the gig description (I think only their list of website names is allowed and you’d need to be careful about the offsite contact rules) so I’d check with CS about that first. Maybe asking them to put your Fiverr username would be allowed eg. © fiverr.com/myusername instead of the website name (stating on the description that that was a condition and that you retain the copyright).

[humanissocial]

Thanks. I was afraid there is something like that 🙂

I’m still confused with “Unless clearly stated otherwise on the Seller’s Gig page/description”. This assumes we’re not necessarily asked to ALWAYS waive our intellectual property rights. But how to do this?

The problem with many infographics is once you sell them, the user may display them on his/her website and forget to put any copyright notice anywhere. And someone else could simply steal the image and sell it as its own.

You don’t get to copyright work you have created for a client. They own it, not you. That’s how commissions work. You can charge more for commercial use, but the client owns it either way.

If I bought something, why would you own the rights? I think you need to research commissions and copyrights. When someone owns something, they control the rights. There’d be little point to owning something otherwise.

Also, you can’t share your company name or website, only your Fiverr one (and not on commissioned work).

If you mean you create an infographic and then sell it to multiple people, that isn’t allowed and you still don’t get to copyright it. Fiverr is for commissioned freelance work, not selling products.

[cristiscutaru]

Thanks everyone, I’d better check with CS to make sure, it’s true.