Commercial Rights question

[hermitcreator]

If a seller advertises that the service is commercial use, is it needed to buy the Pdf of the license?

Thank you

[moikchap]

I'm not a lawyer, so I can't say 100%. It could depend on the service, much like how Voice Over has special Broadcast Rights. However, it's not a standard thing for most categories to need to also buy a copy of a license. For most categories, the purchase of Commercial Rights is a full transfer of ownership, so you aren't a 'license holder', it's just yours.

[cs_evans]

52 minutes ago, hermitcreator said:

is it needed to buy the Pdf of the license?

Someone is trying to sell you a PDF of a commercial rights license?  Or is it they will give you a PDF of your rights if you buy the commercial rights?  Give us more info, please.  If they are charging you for commercial rights, and then extra for a PDF copy, that just sounds like an add-on charge to me......or something fishy going on. 

[hermitcreator]

Thank you cs_evans and moikchap. The Pdf copy of license was offered as an add on for $10. The seller is reputable and I think it's me just confused as a newbie in this world of buying music gigs.  I am confused if I need the Pdf to be able to use the background music on my recordings.

[cs_evans]

I will make the same caveat that @moikchap made that a legal expert should give the final answer, but it just feels like a way for the seller to upsell her/his service. 

[sabinespoems]

This below is from Fiverr's Terms of Service: 

"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."

The way I interpret the above is that a Seller either has a Gig Extra with Commercial Use, or they don't. So personally I would say it's not necessary to purchase a PDF of it. I see it as the Commercial Use Extra is in a way your PDF.  So when the Seller mentions their service is commercial, they'll include an add-on in the price and once delivered, all rights are yours.

[architectonik]

Based on this link here https://www.fiverr.com/support/articles/360011569298-For-Commercial-Use-license-details?segment=buyer

It states "Unless clearly stated otherwise on the seller's Gig page/description, all intellectual property rights of the purchased delivery are hereby assigned to you (Buyer)

Then it references this link for ownership ToS: https://www.fiverr.com/terms_of_service#ownership

Which says after payment, Buyer owns intellectual property. 

My interpretation is that unless the seller clearly states in the gig description that they retain the intellectual property rights the buyer owns them after paying for the gig. If the seller has commercial use as an option and you buy it then you can use the work for business and financial use but the Buyer still owns the intellectual property as I understand it based off the above links and information.

For example: I think the idea is that the Buyer gets the exclusive right to use an image made by seller to put on shirts but can not sell that image to someone else so they can do the same for themselves. However, having the intellectual property of that image you are allowed to make deviations of that 2D image.

That's my interpretation and not legal advice.