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Should the buyer buy Commercial Rights for my voiceover?


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Hi. I've received an order for recording a 1000-word voiceover (aprox. 7 minutes) for a "gaming-specialized plattform". I don't know if it's a Youtube channel, a social media fanpage or both, or how big it is. The buyer hasn't paid for commercial or broadcast rights. The text doesn't promote any product or service in particular, it just tells stories, kind of "value content" stuff, like the one you find on famous Youtube channels or influencer accounts. I don't know how big this plattform is in terms of commercial potential. After all, content creators aim to make money like anyone of us here.

Should I ask him to pay for commercial rights? He could monetize with this content. Are there some questions I should ask him?

Thank you so much!

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6 hours ago, ernesto_beta said:

The text doesn't promote any product or service in particular

Commercial Rights and the TOS:

"By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-profit product or service"

First of all Commercial Rights apply "any business related use" - not just to promotion, and yes, a monetized YouTube channel does fall under "business related use".

How to handle this issue: You have have two options - 1) Ignore it and learn from your mistakes. Or 2) Kindly ask the buyer for more information about the project, including where it will be published, is there a website that it will be published on? Frame it in a way that you are just seeking more information in order to help you deliver the best voice over for their specific kind of audience. Say, "the more info I have, the better the voiceover will sound". Do NOT sound like you are accusing them.

Lastly, for the future, in your Requirements section, add a mandatory multiple choice question, asking what the voiceover is for. List 9 of the most common types of scripts that require Commercial Rights, and in the 10th slot, list: "This voice over is for PERSONAL use only, and is not intended for any business-related purpose". Then, add another mandatory multiple choice question, "Will you be requiring Commercial Rights? - Yes or No?".

The point is, make them give you the answers before the purchase is made. That way, if they attempt to deceive you, then you have the evidence you need to politely ask that they "update their order" to include Commercial Rights, and if they refuse, then you can ask Customer Support to intervein on your behalf.

 

 

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  • 2 weeks later...

@stevebatesvo Thank you very much for your reply! I'm very sorry for my late feedback. Soon after I learned that my voiceover wasn't going to be used in a Youtube channel, but in a "closed plattform" which "doesn't monetize from revenue share like Youtube". After that explanation, I said to him that he didn't have to pay for commercial rights. I did some upselling however, since he also wanted the audio edited (or free from errors or bad/second takes).

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  • 2 weeks later...
Quote

Should I ask him to pay for commercial rights? He could monetize with this content. Are there some questions I should ask him?

It always depends if the text content of your voice over is yours, if that is, you have the copyright on the text. 
Otherwise it is a work for hire, where your right to the phonogram is purchased for both private and commercial use, does not change much. 

If you charge for the commercial usage license, at least you must have written the lines, in addition to this you can sell the copy right and this type of sale is more profitable and is a surplus to a simple commercial license because it gives the buyer the full economic use of the audio and the lines or melody composed (such as publishing rights).

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