Commercial use

[miramai]

Do I have to purchase the commercial use of a drawing if I want to publish it on my website?
I don’t care if the seller sells it again.

[cyaxrex]

For a drawing, I wouldn’t really think that you would need to pay for commercial usage if you had this drawing created especially for you and it is specific to your business. On delivery, commercial rights pass from sellers to buyers so there isn’t really a problem in this regard.

However, if a seller has sold you a drawing which they already had lying around (i.e. it wasn’t custom created and they might resell the same image on) you probably should pay for commercial usage. This is basically because if someone buys the same drawing after you and pays for commercial use, you won’t have a right to use the image yourself anymore.

[miramai]

The case is the first. It’s actually an anchient tibetan painting, which I can’t find anywhere to buy.
What about if I don’t pay for commercial usage and somebody else buys this drawing and the commercial usage in the future?

[misscrystal]

You only have to purchase the commercial use license if the seller requires you to, so it is up to the seller.
If the seller does not mention anything about a commercial use license then when you
buy it you become the owner. You can use it as you wish.

If someone else buys the commercial use license in the future that would allow them to use the art in any type of commercial use. You are still free to also use it how you please. You would both be able to use it.

The seller is the copyright holder in this case so anyone he allows to use it can use it as they want to. You both are being allowed to use it.

[miramai]

Thank you for your clear answer 🙂

[matureactress]

In the US all professional talent (acting, modeling, voice-over) use a “Talent Release” which is a legal binding document that releases the image/voice for a defined purpose on an individual basis. Failure to secure a “Talent Release” can leave any US company vulnerable to a lawsuit from the talent. For instance, a company uses my image and pays me $5, but they reap $5,000,000 from it’s use, if they didn’t secure a “Talent Release” from me, I can take them to court and receive a monetary award (%) determined by a jury.

US law preempts anything defined in Fiverr (which acts as a platform and not an agency). Waving a copy of anything found on Fiverr would only bring chuckles in a US courtroom. So, any US Buyer who uses US talent is vulnerable unless they buy/receive a “Commercial Use License” that has wording similar to a “Talent Release”