How to set Licence for commercial use with custom offer

[blackpafa]

Hi everybody, I am on fiver only for 1 month and I have some specific requests from my clients, so if anybody can answer me to this please help me to figured it out. Thanks!

[Guest nicktribedesign]

If you have agreed with your buyer to include a commercial license then include that in the price of your custom offer. An alternative is that you can offer it as a custom extra once the order has been placed.

[blackpafa]

Thank you, so it’s that simple. I realized that later when I created offer, because my buyer think that he must see some kind of licence there in order when I send it to him 🙂 But thanks very much for answering me.

[fastcopywriter]

I’ll tell you one thing, I will NEVER pay for a commercial use license, and I don’t trust sellers that ask for it. Fiverr is a commercial enterprise, most of the things we sell here are for commercial use. If I buy a logo, I’m not buying it for the fun of it, I’m buying it because I need it for my business. So how dare do you charge me for a commercial use license?

Your gig extras should be HONEST, based on real things that have real value. Commercial licenses have no value, they’re just a scam to fool buyers that don’t know better. Besides, a license requires a contract, sharing real names, addresses, phone numbers, etc. That violates the rules of Fiverr, so how are you going to grant or receive licenses? You can’t.

[illustrationpal]

Actually, that’s an interesting topic you’ve began here. Actually since the first day of its appearance I could have not understand how does a commercial right on fiverr works?

As fastcopywriter said, if it’s commercial right, and it’s “right” the keyword here, we have to deal with a lot of paperworks, contacts, names etc. How can I sell my client the commercial right and assure I do not publish or do anything with it. My words should be supported by something. Same goes for people who fall for it.

In any case I do not charge for commercial use, as I myself do not understand how it works.

If someone were willing to explain, that would be fantastic.

[blackpafa]

Yes, I agree with you, but how to to explain to the customer who insists to pay that? It is about the illustrations for the book and I said that it understood that the illustrations going to be used in commercial purpose, but buyer still insisted that I must created order with Licence for commercial use so I attached it to one of my gigs and the problem was resolved. That is my story, strange but there are a different people out there…

[blackpafa]

Thanks for your opinions all of you, I was not even aware of how it is actually a complex question that I began here… I think that this is just another way to sellers get more money for their work and there is not a real reason to offer licence unless someone insists real hard as was my case with this buyer…

[irender4u]

Hi everyone!
I can totally understand why the customer wanted to pay for the Commercial License. Take a look at this quote from the Fiverr Legal terms of agreement. Pay very close attention to this part:
“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.”

If a buyer on Fiverr buys custom work, such as illustrations, they have the PERSONAL rights to the work. NOT the Commercial right. That means, if I did some custom illustrations for someone, if they did not purchase it as a company with the commercial rights, I can still use the images for my portfolio and could even sell prints of the illustrations if I state it in my gig. Especially if I am a Canadian illustrator selling to a client in Great Britain. Because … “The delivered work shall be considered work-for-hire under the U.S. Copyright Act.” So there is the disclaimer added. “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.” But, how to legally enforce that? Because even with the purchase of the Commercial Use License, see how …“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.”

VERY INTERESTING STUFF!!
Think about how you have to purchase some fonts to use them in work you are doing for re-sale.

Nin

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Exert from Fiverr Legal…

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.

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.

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[fastcopywriter]

You tell your buyer that Fiverr doesn’t allow you to disclose any personal information. If you’re getting too many requests like that, put it on your gig description. Example:

“I DO NOT sign non-disclosure agreements, but I offer 100% Satisfaction Guarantee or Your Money Back.”

Since I did that, I no longer get asked to sign NDA’s.

The challenge with Fiverr is anticipating your buyers, it’s impossible to anticipate every situation, but I do what I can.

[ocean7media]

Yes, I agree with you, but how to to explain to the customer who insists to pay that? It is about the illustrations for the book and I said that it understood that the illustrations going to be used in commercial purpose, but buyer still insisted that I must created order with Licence for commercial use so I attached it to one of my gigs and the problem was resolved. That is my story, strange but there are a different people out there…

Hi,give him in the writing that .all rights of the book that u have designed.from today onwards is the work of name of client.sorry I haven’t read that it’s 3 year old post.

[nikavoice]

Jeepers creepers!

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