Copyright ownership of first delivery, after revision completed

[abrawhite430]

Unless otherwise stated, buyers receive full rights to their deliveries from fiverr sellers. 

I am wondering what the situation is with multiple rounds of deliveries. 

My thoughts are, if you deliver a work, then a revision is requested and completed, the buyer only gets the rights to the most recent delivery. 

For example, I design book covers. I have had buyers who wanted a complete redesign in their revision (a separate issue). If they retained rights to the original delivery they would be getting additional design concepts for free, when this is normally an add-on or a separate order for my gigs. So, they should only get rights to the "delivery" which is the most recent version.

Am I wrong in thinking this?

[miiila]

That's an interesting question. I'd guess, as long as your Gig included revisions or you agreed to do them even if they weren't part of the Gig originally, it's all theirs, everything.

Let's say I order a logo. I don't quite like a colour, ask, and get a revision for that. Then, I notice some other detail that I don't like, ask for another revision, and get it. Some time later, when I'm about to actually upload it, I suddenly have the epiphany thar, after all, version 1 or 2 was the best, and I end up using that instead of the most recently delivered version, would it be wrong to do so? Doesn't feel wrong to me.

If I abused Fiverr's or the seller's revision policy, that's a different discussion, of course. If I wanted a complete redesign, and it wasn't clearly due to the seller ignoring my instructions, I'd either order again, or from another seller, depending. And in that case, I'd also own the rights for both designs, even if I'll use just one of them, because I'd pay for and complete both orders.

The border between completely new design, redesign and revision can be blurred. If it's clear that a buyer was out to get two different logos for two different purposes for the price of one by abusing the revision feature from the get-go, well, then it's clear.

Else, it falls into the seller's responsibility to define beforehand what they accept as a revision or not, and if a seller would like to retain the rights to all but the most recently delivered version, they probably should make that clear in their Gig and/or communication with the customer, and let them know that they only pass over the rights to the *one* version that the buyer will end up using, and that the buyer doesn't have permission to use any if the other versions, because the seller might recycle them for some other project, or whatever. 

But, generally, if a project includes revisions, my feeling is that the buyer has the right to use any version they get in the process. I mean, the probability of me using the logo in two or three versions and "getting more out of it than I should have", are quite slim, or not?

But that's just my immediate thoughts, copyright laws or conventions may see that differently.

When people actually and purposefully use revisions to

45 minutes ago, abrawhite430 said:

be getting additional design concepts for free, when this is normally an add-on or a separate order for

your Gig, though, in those cases, I understand your thinking, and would say you're right, but the problem may be proving that, and then there's the question if it would be worth a "quarrel" with the customer after the fact. Maybe drawing clearer lines in advance would reduce such issues, but I don't know, you may have tried everything already 

[gayanchamira]

Thanks for very important ideas

[mariashtelle1]

I do specify that from the three versions that I send we can choose one final that we will be working on revisions and that they will be owning rights to

[animie_video]

On 5/8/2022 at 7:23 AM, gayanchamira said:

Thanks for very important ideas

Yeah very nice idea! 🙄

[nofurthernotice]

I have a question similar to this thread.  If I have purchased a design from an artist, do I automatically have the copyright?  If so, where is my proof of that copyright?  Is it still a good idea to go ahead and register the copyright?  (You may see these questions as a new thread as well just because I really need this answer quickly).

[moikchap]

35 minutes ago, nofurthernotice said:

If I have purchased a design from an artist, do I automatically have the copyright?

Depends if the Gig includes Commercial Use or not. Per the ToS, if the gig is silent on the topic, it's presumed to include Commericial Use.
https://www.fiverr.com/terms_of_service#ownership

So, unless the seller declined to offer Commercial Use by specifically turning the option off in the Gig to sell it as an extra or not sell it at all, then you would have all rights.

[abdelrahmankhal]

I can understand what do u mean exactly. when I design a Poster for a client I didn't change the whole design and idea or concept. This is a new design.

I just change the credit typo font etc... 

The client gives me his imagination idea, his opinions, and give me his trust and place an order "Which says 1 Poster concept" so he should respect that in revision.

a new concept is a new order.

So the ownership of the poster goes to the client and he has the right to determine using it or not.