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Ownership (commercial vs intellectual property)


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at the risk of asking legal advice, i’m a little confused about fiverrs T&C as it relates to the intellectual property rights of delivered work, say a logo

under “ownership”, it states “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.”

it goes on to say " 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."

then under “commercial use licences”, “For the avoidance of doubt, the Seller retains all ownership rights.”

my non lawyer brain takes this to mean if i order a gig and everything goes to plan (i pay and accept the final product as delivered) and the gig itself made no mention at any point about copyright, then all rights and commercial rights of that work belongs to me. if the gig offers commercial rights as a gig extra, and i purchase that, then all rights and commercial rights belong to me. if, however, i do not purchase that option, then intellectual property rights belong to the seller, and i get a licence of sorts for personal use, not dissimilar to buying a movie DVD?

if that’s the case, then what would happen in the following three situations;

scenario 1; seller offers commercial rights as a gig extra for $20, and confusingly also offers full intellectual rights for $50. you can also buy an extra revision on a gig that includes unlimited revisions. so the buyer orders commercial rights but not intellectual rights. along with the final delivery, seller provides a PDF containing what looks like a legal contract that would give me commercial rights for 2 years provided i use the logo or it could be revoked? (this looks dubious but lets assume it’s legit). buying the intellectual rights would get me a similar document basically wavering all intellectual rights

is this scenario what rights would the buyer have to the delivered logo?

scenario 2; the gig itself includes commercial rights. not as a gig extra, but the descriptions of the gig states something like “you get high resolution JPG, 3D mockup, commercial rights”. other then that, ownership isn’t mentioned at all and the gig is delivered as normal. is this the same as not mentioning rights at all?

scenario 3; a buyer submits a crude drawing of a dog in a circle above their company name “woofeo inc.”, and asks the seller to remake that. this time, the seller offers commercial rights for $20 as an extra which the buyer doesn’t opt for. the buyer delivers the order but adds a collar to the dog. the buyer loves it, completes the order, leaves positive feedback, everything’s good. who owns what now? does the seller just own the rights to that particular drawing of that logo? can the buyer later ask someone else to remake the logo using that drawing as a reference? what if the gig came with source files and the buyer turns off the layer with the collar?

i ask for past gigs, which i love to death, i’m just confused about the copyright, as well as future gigs that i have my beady little eye on

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ok, so i did some digging. to reiterate, i really do like this seller, the outcome and my experience were both great, but herein lays the problem

so with this gig, commercial use is something that’s listed as being included in the premium, along with unlimited revisions. when you order the gig, you have the option of four extras; commercial use, full intellectual rights, extra revision and social media kit (the latter of which actually doesn’t come with the gig itself). the subject never came up until the final delivery, with which i received the commercial “licence” and mentioned that if i needed intellectual rights to let her know. out of interest, i asked her what the intellectual rights would comprise of, and she was nice enough to give me a template to read through, saying she’d make it if i so desired

so, for the commercial use document, she uses this template https://visualartists.ie/wp-content/uploads/2010/02/licence_to_reproduce.pdf

it’s headed with “licence agreement”, below that a picture of the logo, and below that “THIS AGREEMENT is made by [her username] to [my username] customer of my Fiverr account order at [my username]”. confusingly, from “where as” to “IN WITNESS whereof the parties hereto have executed this Agreement the day and year first herein written”, the text is left as is, aside from some sloppy reformatting, rendering it completely unfit for purpose. it reads as if i’m an irish company that produces and sells prints of licences art. this is a logo. under that is her signature, and again her user name

the intellectual property templete is this; https://www.docracy.com/0dd1c73cjf3/assignment-and-transfer-agreement

this time she would write the date as month, day and year, between ‘client’ (assignee) and ‘[her username]’ (assignor), in section 1.1 “exhibit A” is replaced with “logo design name” and in section 3, consideration fee is set to $50, otherwise pretty much as is

the logo consists of my characters, which she drew, then in revision i rearranged the elements of the jpg she sent me to show her the layout i wanted, and she copied that layout for the final delivery, as well as being kind enough to separate transparency PNGs of the two characters and the text in three different colour variants alongside the layered source files, all jolly nice too

i got allot of bang for my 30 bucks, but my concern was what does she own and what can i use my logo for now? however the way i see it, i bought the commercial rights, she acknowledges that i bought the commercial rights albeit with a PDF of gibberish, therefore the logo is pretty much mine, within the confines of fiverrs TOS of course, which is this case amounts to not being allowed to clobber the wife with a cartoon squirrel. i don’t know if i should give her a heads up so that she can ditch the licences and just charge more for the commercial use as she wishes, but i have me a fantastic logo, and an amusing document, from an awesome seller 🙂

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