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Question about rights


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I’m new to the world of freelancing and I’m getting jobs where I’m writing compositions and musical arrangements for buyers here on Fiverr. How can I ensure that I still own the composition/arrangement that I deliver to the client? They can record it (in which case they own the recording), broadcast it, stream it, sell it, but since I contributed the arrangement I believe that I should be getting royalties from that. In that case, what should the agreement be? Do I just register the composition/arrangement in my country like I always do and inform the client in the offer that that’s the agreement? What is the best way to communicate that? Should we both sign a document for that? Also, which laws apply here? I’m in Europe, but I have clients from other countries. I guess the laws of the country where it’s recorded apply? I’m not sure… Please help me out if you have experience with that, I’d greatly appreciate it. Thank you!

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This is a tricky question. The over-simplified answer is: you set the conditions.

Per the Fiverr Tos:

Ownership and limitations: When purchasing a Gig on Fiverr, 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, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the 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 and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. 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.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes.

source: https://www.fiverr.com/terms_of_service?source=footer#ownership

But that alone is somewhat incomplete, so here are some threads that discuss exactly this:

. You Don’t Understand Commercial Usage
. Commercial rights - how does it work?
. Transfer of copyright is too vague
. No "Commercial use license" gig listed = "Commercial use license" implied?
. Why does a gig have an extra "commercial" clause, if all rights are already given?

And a bit more on what Fiverr has concerning the matter:

. https://www.fiverr.com/support/articles/360010979558-Copyright-and-Intellectual-Property-Rights---Fiverr-Business?segment=business
. https://www.fiverr.com/support/articles/360011454477-Buyer-FAQs?segment=buyer (commercial use section)
. https://www.fiverr.com/intellectual-property

(I see you did already find one thread on the topic.)
. Twitch - permission to use my compositions - #5 by brunamatic

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