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Copyright Question?!


originalh

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According to the COPYRIGHT LAW you own ALL RIGHTS when you order and buy from sellers whatever they state in their gig. If they create it for you, you own the copyright. If they sell you a readymade material but fail to get you understand this fact, you own the copyright. For example if in the section Writing a seller says he will write you a story but he will have the copyright, he is wrong. Later if he says the story had been written before you ordered it, then he broke the copyright law because he should have created you a story according to your order. You keep the copyright anyway.

And if you find your work distributed illegally, you cannot do anything unless you are ready to pay a couple of grands to a lawyer to begin a process. Then you should prepare some grands more without any guarantee to get to a definite result or compensation from the one who violated your copyright. From my experience I was unable until my threats made the violating company to stop it.

Conclusion: buy from sellers and have all rights to your purchase. If a dishonest seller states they own the copyright, he/she will be unable to prove it. You pay - you own!

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I don’t know if copyright law is universal across the world but in the UK the person that creates the work owns the copyright (unless it was made during the course of employment, in which case the employer owns the copyright).



As people are technically not working as an employee for customers on Fiverr, the authors own the copyright.



You can of course grant someone an unlimited license to do what they want with the work (or transfer the copyright, depending on how copyright law works in your country), so as per the Fiverr terms that OBG copied & pasted, you are within your right to charge extra money to buyers if they want that right.



Protecting copyrights (and trademarks) is really hard though even if you’ve got an unlimited bank balance to sue wrongdoers with; people can and will take other people’s work and pass it off as their own - this happens even on Fiverr unfortunately, it’s just one thing you got to bear in mind when you make/design/write stuff for others. 🙂

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greyhound12 said: I don't know if copyright law is universal across the world
No, it isn't. Copyright is a mishmash of laws spread out throughout the globe with each country creating its own views on copyright. Some places are like the wild west. The laws here in the US have changed considerably in the past few decades pushed along by big bucks from Microsoft and other companies that wanted to spread their reach to make more money. In the old day when you bought a copy of Windows it was yours to do with as you wished. Then in the 90's they changed it so you could only use one copy per machine. Instant money maker! You have 100 machines, HEY, that means you have to pay MS for 100 copies. Everybody was playing catch up during the 90's for that. Of course MS was not the only one. They also changed it so that even when you BUY Windows, it isn't really yours. MS will only give you so many license renewals if your machine dies and has to be reformatted, so in other words you are only renting it. That is a bit extreme I think.

 

 

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Something to keep in mind here, the copyright of the material can be viewed as a product in its own right. Whether it is audio (ex: music) or visual (ex: logo), the copyright can be contained within the sale or sold separately.



Simply because someone creates a piece of work for you, you do not necessarily own the copyright for that piece. The initial delivery is typically for use, as intended. If someone buys a jingle from me, I usually provide all rights with the delivery. That way the client can reuse the song, remix the song or use for other purposes than the initial job.



Although, it is something that should be explicitely stated in the agreement.



There are a number of different ways to extend use of your materials, through licensing or copyrights.



For instance, if someone buys a gig from me, I could state that the delivery constitutes license for the end user to include this work in all of their business specific promotions (radio, website, tv). This would mean that they could not remix the music or sell it on a CD release for profit, or resell the music to another company.



I don’t place these restrictions on any of my fiverr gigs currently, but do include licenses and restrictions on other professional services outside of fiverr.



As always, for any issues pertaining to copyrights or other legal matters, it is best to consult a legal professional that specializes in the issues. 😛

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  • 6 months later...

You can look forward for other similar service providers who provide copyright free content for you.

favicon.icoFiverr.com 93ed4201-6547-4aba-967b-b552cc1dfe50.png

snsharma's public profile on Fiverr

Writing, Editing, Reviewing & Publishing since 2003. We have been providing website creation, website customization, wordpress installation, book promotion, research publication, book publication and other services to authors like like content...

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  • 1 month later...

Just to share my own 2 cents, if art is commissioned; IE I give an idea and you draw/paint/design it is called ‘art by contract.’ IP of the art asset purchased belongs to the buyer and that precedent will hold up in court, at least in the US/UK and most countries. Since Fiverr affirms the same in their terms, it would be pretty hard for an artist to come after you for the IP. That said, if you are dealing with an artist who has a clause regarding copyright, it is probably better just to pay the extra commission fee to avoid any hassle later.



In my opinion, it would be better if artists would just offer a higher quality/more detailed option as an upgrade because most just want to be paid for what their art is worth, and selling copyright seems like the best way to prompt buyers to spend a bit more. I would be way more inclined to spend 50 bucks for an upgrade in quality. An upgrade for copyright has no value.

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  • 1 month later...
  • 2 months later...

@twistedweb123 - Was surprised by your statement about software. I have a lot of experience having programming done, offline and online (elance, rentacoder, etc.) and I can’t remember a single time when copyright belonged to anyone but the buyer by default. That’s how work-for-hire works.



I’d be curious to hear about your experiences with the opposite b/c that really surprised me.

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With gigs offer dancing or beatbox like these



http://fiverr.com/tumichael2/advertise-your-product-with-unique-michael-jackson-dance-moves

http://fiverr.com/tumichael2/perform-awesome-50-seconds-beatbox-in-any-style



I often add this part: "The video will be sent as mp4 file but for PERSONAL use only, copyright NOT included and MUST be purchased with a price of ONE gig for full rights using"



Personally I think services on fiverr are very cheap already. Many sellers have put effort in the work, they will be upset if their work are resold for higher price. So purchasing full copyright is a good way to appreciate their work. It is not really a tip anyway

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  • 11 months later...

You hire some one to make a logo, once is done and you pay you get the copyrights (contrato por obra determinada).



The law say, you will have the copyrights, but the creator must be always recognized as a creator (autor).



I recomend that once you get and start to use your logo, name or whatever, go to the copyrights authority in your country and register it, to avoid future problems.

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  • 1 month later...

Reply to @madmoo: What if the buyer states " I need well researched articles" in the order? The writer then may give him researched articles? Because he didn’t demand original rather he asked for well researched ones. Your thoughts on this?

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Reply to @twistedweb123: On the example of the Graphic logo, if you are an independent person the ownership is decided in your contract with the person you are creating the logo for.



But you need to look up “work for hire” and what that means, it is not what you think…this is from the copyright.gov website:



"If a work is made for hire, the employer or other person for whom the work was prepared is the initial owner of the copyright unless both parties involved have signed a written agreement to the contrary."



So if you are a seller/freelancer anywhere and you make something the other person owns the rights unless you negotiate otherwise. You have it backwards for independent work not done as an employee of a larger company.

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  • 2 years later...

Reply to @originalh: Yep, that is correct. They need to state in the description, before you order

I just have a follow up question on this, I’m not sure it it was already answered but what if the seller changed the description after sometime (maybe after a few months or years he/she just decided to add the copyright description). Does fiverr have any way to track if the created logo you purchased in the past will be safe from any infringement should the buyer decides to update his/her gig?

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I just have a follow up question on this, I’m not sure it it was already answered but what if the seller changed the description after sometime (maybe after a few months or years he/she just decided to add the copyright description). Does fiverr have any way to track if the created logo you purchased in the past will be safe from any infringement should the buyer decides to update his/her gig?

Wow I didn’t realize that the answer was provided 2 years ago.

Just to make things clear. The previous answer was:

If the graphic artist did not state anything about copyright, then the buyers owns it.

My question is, what if the artist decided to update the gig after some time and specify copyright ownership. Can fiverr track if the graphic or logos that you’re using was indeed bought before the gig was updated nullifying any claims that the artist can potentially claim on the graphic that you are currently using?

Is the invoice enough proof for that? Thanks for anyone that can clear these things up for me!

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  • 4 weeks later...
  • 8 months later...

Reply to @bigbadbilly:

 

 

 

How does this work? If you put this is a coding aspect, programmers often keep their source files and retain copyright/ownership for the work they have created - even if the specifications were given by the client.

 

 

 

If I create a logo, I own all rights to that logo, unless stated otherwise - regardless of who gave me specifications.

 

 

 

However, if I worked within a company and I created a logo - my company would own all copyrights to that work, because that is what they are paying me for. This goes far beyond logos and relates to everything - such as Newspaper Articles, Website Coding, Producing Food etc

 

 

 

In regards to Fiverr, although the buyer is paying you, he is not your boss or part of your company - so he does not own the copyright. Of course, if it’s not stated, under Fiverr’s terms of service, he does. But, if it is stated, the seller retains copyright and ownership. This is regardless of whether the item in questions was premade, or made to specifications.

 

 

 

I also cannot believe, as a fellow seller, you are actively telling buyers to not pay what the seller is requesting and short change them. It is that seller’s prerogative to charge what he wants.

My understanding is much as yours (and I can cite legal advice that I have received). Perhaps it is best to simply make the copyright rules clear when you draw-up the gig.

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  • 1 month later...

I would like a definitive answer to this question also. Who owns the copyright? The seller or buyer? Does it depend on what’s declared? Is there an automatic law/rule?

 

 

 

I’d like to know as well.

I’d really like to know the answer to this very question. Is there a Fiverr Moderator than can give us a definitive answer to this question?

Does anyone know how I can obtain a TOS (I’m assuming it’s a contract of some sort). I’d like to read it before I sign it.

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I’d really like to know the answer to this very question. Is there a Fiverr Moderator than can give us a definitive answer to this question?

Does anyone know how I can obtain a TOS (I’m assuming it’s a contract of some sort). I’d like to read it before I sign it.

First, Fiverr staff don’t answer questions like this on the forum. The forum is primarily for peer to peer support. If you want to talk to Fiverr Support, you’ll need to create a Support ticket here.

Copyright on Fiverr can vary from seller to seller and the type of job it is. Some categories require commercial licenses for commercial use, some sellers require them in their own categories, others offer all rights with the price of the gig. You would have to read the seller’s description and perhaps contact the seller. Fiverr does have a ToS or Terms of Service and it has a whole section about copyright. You would still need to read the individual seller’s information and talk to the seller to determine how they apply it to their gigs. You can find the Terms of Service here:

➡️See Fiverr ToS

I am not a Fiverr staff member and can’t tell you anything more official than that. Forum moderators are just sellers who volunteer to help clean the forum.

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