Non Disclosure

[wisarchief]

I am looking for an illustrator for my book. This poses a rights issue working with people from around the world. I am paying for the illustrations so I assume they become my property, but before I discuss my story and divulge its contents which I consider proprietary, will a non-disclosure agreement be acceptable to ask of the illustrator? Or does Fiverr already provide some form of buyer confidentiality and rights to purchased work when sellers sign up?

[sincere18]

No, here on Fiverr you cannot exchange of give out any personal information. So you will not be able to have anyone sign anything. Nor would anyone on Fiverr probalby do that anyway.

And to be perfectly honest, if you are that concerned about confidentiality, then you probably don’t want to use Fiverr. It’s a completely anonymous site and you will have no idea who your seller really is, and/or what information they may or may not share. The only thing you have some control over is whether or not your images show up in their portfolio. They can choose to put them up, however when you accept the order when it’s delivered you can decline and take it off so it’s not automatically displayed. Other than that there is no confidentiality. There is moral confidentiality of course with people who consider themselves professionals, but since you won’t even know the real name of your seller, you have to decide how comfortable you are with this.

[catwriter]

The only “form” that Fiverr provides is the Terms of Service: “Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.”

[sincere18]

Reply to @catwriter: so what does it say below under commercial use section?

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “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.

[sincere18]

It says this for regular

Ownership

Ownership and limitations: Unless clearly stated otherwise on the sellers 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, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes.

[wisarchief]

Thx for answers