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Ownership/Rights to a game developed by a seller on Fiverr


karenclaassen
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Hi Guys,

So I want to hire a freelancer on Fiverr to develop a mobile game for me. This game will be published on all mobile platforms. 

I want to know, when the project is completed, the game is uploaded to the relevant platforms.....

Who owns the game? Me as the buyer/client or the game developer who developed the game?

What rights do I, as the Buyer have on the game I paid someone to develop for me?

Would a developer be able to sell my game? I am not talking of redistribution of the source files to the game, I mean the actual game that will be uploaded to the platforms.

I see that some sellers (game developers) include the source code and some don't. What would be the reason for not including the source code on completion of the project you were paid to develop? Some sell it for an additional fee but others don't give it at all.

If after months of being around, there are bugs and errors, wouldn't I need the source code to have those fixed....to the sellers that don't offer source code, are the buyers then not held to ransom, because every time a problem came up, I would need to go back to that seller and hire them to fix it....and it would be because I am forced to. God forbid that the seller is unavailable or doesn't respond to any messages then am I left to now build the game from scratch? Of course, I would want the developer who created my game, working on fixing bugs and issues that come up because they know it, they developed it....but I would prefer it being my choice.

I want full ownership/rights to the game. How do I make sure that I have these 100% ?

 

 

 

 

 

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

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.

41 minutes ago, karenclaassen said:

I want full ownership/rights to the game. How do I make sure that I have these 100% ?

You work with a reputable seller and have that in writing. But I would suggest you ask Customer Support for an official answer as we are just sellers and buyers in the forum.  https://www.fiverr.com/support_tickets/new

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4 hours ago, karenclaassen said:

Hi Guys,

So I want to hire a freelancer on Fiverr to develop a mobile game for me. This game will be published on all mobile platforms. 

I want to know, when the project is completed, the game is uploaded to the relevant platforms.....

Who owns the game? Me as the buyer/client or the game developer who developed the game?

What rights do I, as the Buyer have on the game I paid someone to develop for me?

Would a developer be able to sell my game? I am not talking of redistribution of the source files to the game, I mean the actual game that will be uploaded to the platforms.

I see that some sellers (game developers) include the source code and some don't. What would be the reason for not including the source code on completion of the project you were paid to develop? Some sell it for an additional fee but others don't give it at all.

If after months of being around, there are bugs and errors, wouldn't I need the source code to have those fixed....to the sellers that don't offer source code, are the buyers then not held to ransom, because every time a problem came up, I would need to go back to that seller and hire them to fix it....and it would be because I am forced to. God forbid that the seller is unavailable or doesn't respond to any messages then am I left to now build the game from scratch? Of course, I would want the developer who created my game, working on fixing bugs and issues that come up because they know it, they developed it....but I would prefer it being my choice.

I want full ownership/rights to the game. How do I make sure that I have these 100% ?

 

 

 

 

 

Key Karen, I am a game dev here on Fiverr too.

You should always order from someone with source code included and it should not be for extra money. As theratypist quoted, you completely own the project you ordere, so the seller is never allowed to reuse anything from your project or resell it etc.

What you describe is a horror scenario for anyone working on a game, because they would be completely dependant on that one developer.

I have two important tip for you that I have seen many clients do:

  • Try to you use few different developers as possible over the course of your project, because many developers can turn a code base into a complete mess real quick.
  • When you want to avoid that sellers reuse your project, always send a very stripped down version of your project that only exactly includes the parts that needs to be worked on.

Another thing I have noticed is that many sellers offer very low prices. Unreasonably low prices for the amount of work that making a game takes. If you pay very little, you can basically be sure that you dont own the rights to that game, because 100 others do too. Basically you receive a copy and pasta project with parts altered. It then depends on what parts and asset of that project are actually paid for and many things more if you have a project that you really own the rights to sell. So generally, there is alot to be careful about. I think you should go in with a clear vision and budget and always try to get feedback and updates from the seller.

 

 

 

Edited by finndev478
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