Is reselling premade art to different buyers allowed?

[artherrera]

YES, buyer will know and agree to the terms that this is pay to use only work.
I’m reading ToS but i can’t find a point where it says it’s not allowed.
So basically, is there a problem with this gig description below? I saw a few do that but not sure if they’ll get in trouble.

**"TERMS OF SERVICE:

1. When buying these emotes, buyer agrees and understand these are not exclusive to you and other people may purchase them as well. Upon purchasing these emotes, you do not exclusively own all the rights. You have the right to upload them to Twitch/Mixer/ Discord/YouTube.
2. Due to the nature of this product, I do not accept refunds. Buyer is not allowed to edit, trace, copy, resell, or redistribute.
3. Because I am the artist, this means I own rights to this art and you (customer purchasing said product) are not allowed to file DMCA’s against anyone who has also purchased these emotes.**

[imagination7413]

Those are from a third-party ToS?

Fiverr's ToS states (collapsed for length):

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Fiverr by our users (Buyers and Sellers) is User Generated Content. Fiverr does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Fiverr platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or © violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Fiverr is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Fiverr. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

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.

---

Which I think is decently clear that YOU must own (or have a distribution license for) what you sell.

If someone has stolen your artwork, report them.

[artherrera]

Those are from a third-party ToS?

Fiverr's ToS states (collapsed for length):

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Fiverr by our users (Buyers and Sellers) is User Generated Content. Fiverr does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Fiverr platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or © violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Fiverr is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Fiverr. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

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.

---

Which I think is decently clear that YOU must own (or have a distribution license for) what you sell.

If someone has stolen your artwork, report them.

no it’s my art work. I made it but I want to sell it to different buyers. again, they will know theyre only paying to use. and its all for personal use.

basically I’m trying to sell emotes and sub badges for streaming platforms. I already have a very successful custom gig but i wonder if this is allowed

[imagination7413]

Ah, then the section you’re looking for is this:

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.

And yes, what you have written in 1 and 3 your first post is pretty clear. I would recommend considering making this a part of your requirements, too.

Point 2 is… I would split that into two points.

2a. Due to the nature of this product, I do not accept refunds.
2b. Buyer is not allowed to edit, trace, copy, resell, or redistribute.

However, refunds are slightly out of your control. If you’re selling through Fiverr, you’re subject to Fiverr’s payment and cancellation terms.

[artherrera]

YES, buyer will know and agree to the terms that this is pay to use only work.

I’m reading ToS but i can’t find a point where it says it’s not allowed.

So basically, is there a problem with this gig description below? I saw a few do that but not sure if they’ll get in trouble.

**"TERMS OF SERVICE:

1. When buying these emotes, buyer agrees and understand these are not exclusive to you and other people may purchase them as well. Upon purchasing these emotes, you do not exclusively own all the rights. You have the right to upload them to Twitch/Mixer/ Discord/YouTube.
2. Due to the nature of this product, I do not accept refunds. Buyer is not allowed to edit, trace, copy, resell, or redistribute.
3. Because I am the artist, this means I own rights to this art and you (customer purchasing said product) are not allowed to file DMCA’s against anyone who has also purchased these emotes.**

• When buying these emotes, buyer agrees and understand these are not exclusive to you and other people may purchase them as well. Upon purchasing these emotes, you do not exclusively own all the rights. You have the right to upload them to Twitch/Mixer/ Discord/YouTube.
• Due to the nature of this product, I do not accept refunds. Buyer is not allowed to edit, trace, copy, resell, or redistribute.
• Because I am the artist, this means I own rights to this art and you (customer purchasing said product) are not allowed to file DMCA’s against anyone who has also purchased these emotes.

Ok thats pretty clear! thank you for the help.

I actually sent a ticket to ask about this to customer support. lets see what they say about it.

[artherrera]

Ah, then the section you’re looking for is this:

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.

And yes, what you have written in 1 and 3 your first post is pretty clear. I would recommend considering making this a part of your requirements, too.

Point 2 is… I would split that into two points.

2a. Due to the nature of this product, I do not accept refunds.

2b. Buyer is not allowed to edit, trace, copy, resell, or redistribute.

However, refunds are slightly out of your control. If you’re selling through Fiverr, you’re subject to Fiverr’s payment and cancellation terms.

So I’ve asked fiverrs support and that was their response:

'This has been reviewed and it has been determined that services like these are not allowed.

Every time after the order completion, the rights to the delivered files are transferred from Seller to Buyer and therefore you cannot offer something that the Buyer doesn’t have exclusive rights to.".

However i asked then about reselling tshirt design because I’ve seen so many gig which are fiverrs choice that do that and that was their response:

"Thank you for the follow-up.

I’ve checked and T-Shirt designs are allowed, however, the service that you have inquired about is not."

I don’t understand the difference… Are they saying no for no?

[imagination7413]

Without knowing the exact questions you asked, I cannot say.

[artherrera]

Without knowing the exact questions you asked, I cannot say.

That was my question

“I’m a little bit confused whether the ToS allows me to sell my own art to multiple buyers WITH the buyer’s consent. it will be pay to use only payment.

I want to sell sub badges and emotes for streaming platforms, but i want to sell ones I have already made to whoever wants to buy. the buyer WILL KNOW AND ACCEPT that he’s only paying to use for personal use and I am allowed to sell this to different buyers.

Is this allowed?”

[imagination7413]

Ah, might be the phrasing you used, then. You’re asking ‘with Buyer’s consent’, not ‘If I set it up in the gig itself, per this section of the ToS.’