Copyright management and material use for commercial publication

[giorgio_p]

Hi,
I kindly ask for information on the management of copyright on the delivered material and its commercial use, let me explain.
I use Fiverr as a service buyer, I produce songs and need singers for my projects.

After receiving the delivery it is my intention to commercially publish my designs.

Having said that, do I have any obligations towards the seller/artist?

I see in the various gigs that some deliveries are for commercial use but what does that mean? That the material becomes mine without the seller being able to ask me for more in the future?

Thanks

[theratypist]

Here is the official explanation from Fiverr on that (taken from Fiverr terms of service):

https://www.fiverr.com/terms_of_service

Gig Commercial Use License

By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fiverr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Fiverr will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

[damooch916]

You have not provided enough information to successfully give you the answers you seek.

But here are some key points:

*Writers paying for the services of hired guns are purchasing the audio as implied by the original purchase. Hence the transferring of funds. Anyone suggesting otherwise, including fiverr, will get torn to shreds by a first month entertainment lawyer. Further points on publishing must be specified not who owns the audio. 

*Any vocalist contributing writing to your material enters into a publishing deal with you. I highly suggest studying copyright, publishing and split sheets. Not specifying this in advance leaves you vulnerable.

*Commercial use agreements apply in music when the intellectual property inventor agrees to allow their material to be used in a capacity where several individuals may profit. It is not the relinquishing of copyright and is not intended for use with hired guns. Commercial rights isn’t a catch all terms that applies to every vocation and certainly not with the same definition. Any musician charging you to use audio you purchase, on your own creation, after you’ve purchased their time - isn’t a professional. Legal frameworks aren’t an “extra.” They have real world implications.

You need to consult an entertainment attorney or talk to someone who has worked with publishing firms extensively before you get ripped off or worse. Studio musicians (including studio vocalists) are not the audio financier. Recording owners do not need permission to publish their materials for distribution, not even from the songwriter. 

I hope you find what you need. 

[newsmike]

On 7/19/2023 at 4:50 PM, damooch916 said:

Recording owners do not need permission to publish their materials for distribution, not even from the songwriter. 

Paul McCartney found that out the hard way when Michael Jackson outbid him for the Beatles catalog, allowing Jackson to license Hey Jude for a toilet paper commercial had he wanted to. 

Edited July 20, 2023 by newsmike