katber

I see. It’s kind of weird that the client ask for the source file, even to the point of claiming the ownership to it, when in fact you’re not advertising nor offering the source files. But yes, it’s highly encouraged that you add a disclaimer on all of your gigs. Some sneaky buyers can take advantage of loopholes, and sadly Fiverr is in favor of buyers most of the time, whether they’re right or wrong. I hope everything goes smoothly, otherwise it will be a loss.

It really is complex as some search results I’ve seen even stated that some lawyers are confused about work-for-hire. That sounds like a lot of hassle though. I read the ToS again, and what you said is true, though Fiverr also states that the buyers are granted all the rights, unless clearly stated otherwise on the Seller’s Gig page/description. Meaning, not all delivered works here in Fiverr are necessarily under work-for-hire. In your case, if your Gig description clearly states that buyers would need to purchase the complete ownership to the source files (or state that the source files you created remains in your ownership) for example, then your client has no say about it at all. Your client can’t claim ownership to the source files you created, since from the beginning the client should have read the Gig description and know what you offer.

While I’ve been using Fiverr for more than a year now (and have been doing some freelance illustration work for quite some time now), I’m still a bit confused about “work-for-hire”. I’ve searched it, and learnt the definition, though is it any different from purchasing a work’s copyright? In short, would it cost more than the regular price of your work, or perhaps nearly the same price as a work with purchased copyright? Or would it just cost the same as the regular price of your work, basically obtaining copyright without paying extra charges? A buyer messaged me months ago that he would like to have the copyright to the image(s) he’d be ordering. After I had told him that he would need to purchase the copyright, he mentioned that it was intended as a work-for-hire. I didn’t how it works before (and up to now I still don’t), so I decided to decline the offer to avoid some issues.