by thedog
35 replies
I was under the impression that if I ordered something off fiverr, it then belonged to me.

I then bought a wso that said to make sure I asked for copyright before I bought... they also said in fivers t&c's that you automaticly get copyright when you buy it...

So, I was going to order a gig, and made sure to ask... and I got a reply saying that they're always wary when asked this.. and wanted to know what I'd be using it for?

Is this normal?
#copyright #fiverr
  • Profile picture of the author Martin Lee Jr
    First time I heard of it - but if it says you automatically get copyright upon purchase in their TOS then you should be ok.

    I would make a copy of their TOS, just in case you need it somewhere along the line. You may even want to take a screenshot of the TOS, if you feel it's necessary.
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    • Profile picture of the author thedog
      Originally Posted by mlj2577 View Post

      First time I heard of it - but if it says you automatically get copyright upon purchase in their TOS then you should be ok.

      I would make a copy of their TOS, just in case you need it somewhere along the line. You may even want to take a screenshot of the TOS, if you feel it's necessary.
      Yep, here it is,

      Ownership and limitations: unless clearly stated otherwise in the gig description text, when the work is delivered, 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. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, the seller agrees that unless he indicated otherwise in the gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.

      I was just being cutrious, her wording was a bit strong ... "may i ask what you want to do with my images"

      eh.... oh, i just want to look at it, is that ok?
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      • Profile picture of the author billyme
        Just saw you posted this. There you go.

        Originally Posted by thedog View Post

        Yep, here it is,

        Ownership and limitations: unless clearly stated otherwise in the gig description text, when the work is delivered, 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. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, the seller agrees that unless he indicated otherwise in the gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.

        I was just being cutrious, her wording was a bit strong ... "may i ask what you want to do with my images"

        eh.... oh, i just want to look at it, is that ok?
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  • Profile picture of the author billyme
    I think there was a post about this recently from a seller's perspective. All rights transfer to the buyer - UNLESS mentioned in the gig description. This is mostly to protect assets like ebooks.

    Double check TOS but it should be there.
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  • Profile picture of the author James.N
    I agree that you should go off the fiverr TOS. The sellers are held to those TOS as well so I'd imagine thats the final say.
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  • Profile picture of the author nelram
    So what you guys are saying is that I can buy an ebook from someone on Fiverr and I own the copyright and therefore I can re-sell it? Sounds a bit crazy.
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    • Profile picture of the author thedog
      Originally Posted by nelram View Post

      So what you guys are saying is that I can buy an ebook from someone on Fiverr and I own the copyright and therefore I can re-sell it? Sounds a bit crazy.
      Not if they've had the foresight to mention that they own the copyright in their gig description.
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by nelram View Post

      So what you guys are saying is that I can buy an ebook from someone on Fiverr and I own the copyright and therefore I can re-sell it? Sounds a bit crazy.
      That is, if the seller owns the copyright to start with. You're paying $5. Where did they get the ebook? Did they write it?

      I've seen a lot of pirated stuff being offered on Fiverr, so you would not own the copyright if it is not the seller's to transfer to you.
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  • Profile picture of the author nelram
    Very interesting however I would tread lightly when it comes to this.
    Just be careful. I am going to ask a lawyer friend of mine what he thinks.
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    • Profile picture of the author thedog
      Originally Posted by nelram View Post

      Very interesting however I would tread lightly when it comes to this.
      Just be careful. I am going to ask a lawyer friend of mine what he thinks.
      Cool, thanks.

      I'm just curious now as to what her reservations are... I've been curtious, and have sent two mails, with no reply.
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  • Profile picture of the author nelram
    She probably doesn't own the copyright... lol
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    • Profile picture of the author thedog
      Originally Posted by nelram View Post

      She probably doesn't own the copyright... lol
      Well... it's original artwork... maybe she has someone else doing it for her?

      Still no word back... hmm,
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      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by thedog View Post

        Well... it's original artwork...
        There are a lot of things being sold on Fiverr which are claimed to be "original artwork" and aren't - they're actually breaching others' copyrights in the first place. That may have nothing to do with the specific gig you're looking at, of course ... but I'm "just saying". :rolleyes: :p
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        • Profile picture of the author thedog
          Originally Posted by Alexa Smith View Post

          There are a lot of things being sold on Fiverr which are claimed to be "original artwork" and aren't - they're actually breaching others' copyrights in the first place. That may have nothing to do with the specific gig you're looking at, of course ... but I'm "just saying". :rolleyes: :p
          Can you explain Alexa... if I ask someone to draw somebody, lets say... santa claus...

          How does this infringe copyright?

          If they copy a certain style?

          I can't see this being the case..... but you may have some intel
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          • Profile picture of the author Alexa Smith
            Banned
            Originally Posted by thedog View Post

            Can you explain Alexa... if I ask someone to draw somebody, lets say... santa claus...

            How does this infringe copyright?
            No, I don't suggest that one would infringe anyone's copyright.

            But there are a lot there that "arrange photos" by adding something in to them (someone's picture, or wording, or whatever), with which the seller has no rights to the "background picture" supplied.
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          • Profile picture of the author Rashell
            Originally Posted by thedog View Post

            Can you explain Alexa... if I ask someone to draw somebody, lets say... santa claus...

            How does this infringe copyright?

            If they copy a certain style?

            I can't see this being the case..... but you may have some intel

            I'm not Alexa but one example would be an article writer who uses someone else's article, spins the text and then passes it off as "an original".

            Another example... You have someone create a blog header. They grab a bunch of images they don't own or have a proper license to use from google.

            BTW-- Even the fonts used in your blog or ad copy have to be properly licensed. Some are public domain. But many of the "fancier" ones aren't.

            HTH,

            Rashell
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            • Profile picture of the author thedog
              Originally Posted by Rashell View Post

              I'm not Alexa but one example would be an article writer who uses someone else's article, spins the text and then passes it off as "an original".

              Another example... You have someone create a blog header. They grab a bunch of images they don't own or have a proper license to use from google.

              BTW-- Even the fonts used in your blog or ad copy have to be properly licensed. Some are public domain. But many of the "fancier" ones aren't.

              HTH,

              Rashell
              Hi Rashell... I understand this... I was reffering to original work that's drawn... but it seems that's ok..... for now anyway.
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              • Profile picture of the author Rashell
                Originally Posted by thedog View Post

                Hi Rashell... I understand this... I was reffering to original work that's drawn... but it seems that's ok..... for now anyway.
                Got it!

                I would think one way an "original" drawing could get you into trouble is if the artist drew a santa claus that looked exactly like another artist's previously drawn character. (whether well known, ie Charlie Brown or Peter Griffin, or not, ie an anime character found on sites like deviantART: where ART meets application!)

                Rashell
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    • Profile picture of the author celente
      Originally Posted by nelram View Post

      She probably doesn't own the copyright... lol
      Yes people do this all the time.

      Never just assume. LOL :rolleyes:
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      • The TOS is specific about custom created work, like art. It's yours to do with as you wish.

        Asking the seller seems to have made her wary. Possibly she never considered rights before.

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        • Profile picture of the author thedog
          Originally Posted by fluffythewondercat View Post

          The TOS is specific about custom created work, like art. It's yours to do with as you wish.

          Asking the seller seems to have made her wary. Possibly she never considered rights before.

          fLufF
          --
          That's what I'm thinking... so, what you're saying, I don't need to ask in future... if it's original artwork?

          Actually, I'm just gonna ask fiverr... I'll be back in a jiffy
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  • Profile picture of the author SteveJohnson
    You were conscientious to ask the seller first, but the terms are pretty well spelled out in the TOS. That she hasn't responded to you may mean that she hadn't read them before she put up her gig...

    As for rights to an ebook - I don't have time to go through the fiverr TOS, but the section that was posted here obviously applies to original creations by the gig provider and NOT to merchandise they may be selling.

    If the TOS doesn't address that in some way, maybe it's time for someone to point it out to fiverr.

    So what you guys are saying is that I can buy an ebook from someone on Fiverr and I own the copyright and therefore I can re-sell it? Sounds a bit crazy.
    That's what you may think by reading the TOS, but if the seller doesn't own the copyright, there's no way they can assign it to a buyer, is there?

    Cheap is nice, but you'd better be sure of what you're getting when you buy on fiverr - a mistake could mean BIG trouble.
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    • Profile picture of the author thedog
      Originally Posted by SteveJohnson View Post

      You were conscientious to ask the seller first, but the terms are pretty well spelled out in the TOS. That she hasn't responded to you may mean that she hadn't read them before she put up her gig...

      As for rights to an ebook - I don't have time to go through the fiverr TOS, but the section that was posted here obviously applies to original creations by the gig provider and NOT to merchandise they may be selling.

      If the TOS doesn't address that in some way, maybe it's time for someone to point it out to fiverr.



      That's what you may think by reading the TOS, but if the seller doesn't own the copyright, there's no way they can assign it to a buyer, is there?

      Cheap is nice, but you'd better be sure of what you're getting when you buy on fiverr - a mistake could mean BIG trouble.
      I think if you buy original work, you're ok...

      I bought stock music, the other day... and there was a feckin metallica loop in there!

      Lars ulrich would not be happy.... again
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  • Profile picture of the author SEOtrug1
    naha, don't worry dude! in the Tos's says clearly: that you get the copy right of ANY thing you buy so it should by ok to RE-sell it!
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  • Profile picture of the author rusty1212
    Friend i suggest you always communicate directly with the buyer when you purchase things on fiverr.

    Think of fiverr like a platform such as ebay, there are a set of rules and guidelines, yes. But there are also several aspects of each purchase that depend on the communication between the buyer and seller.

    I hope this helps

    -John
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    • Profile picture of the author Kay King
      So, I was going to order a gig, and made sure to ask... and I got a reply saying that they're always wary when asked this.. and wanted to know what I'd be using it for?
      In the case of images such as logos - most buyers I've seen on Fiverr are creating a set of image templates and you are paying to customize that template. So the image you get is yours - but you don't own copyright to the actual logo design.

      I think if you buy original work, you're ok...
      On Fiverr good luck with that. Smart Fiverr sellers have developed gigs that can be quickly replicated or customized by changing a few lines of text or a design. You aren't working with experienced pros on Fiverr if unique is what you are after. That said - if what you want is a logo with your image and text on it - as long as nothing used in the image is violating copyright - does it really need to be totally 100% unique to you?
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      • Profile picture of the author thedog
        Originally Posted by Kay King View Post

        In the case of images such as logos - most buyers I've seen on Fiverr are creating a set of image templates and you are paying to customize that template. So the image you get is yours - but you don't own copyright to the actual logo design.



        On Fiverr good luck with that. Smart Fiverr sellers have developed gigs that can be quickly replicated or customized by changing a few lines of text or a design. You aren't working with experienced pros on Fiverr if unique is what you are after. That said - if what you want is a logo with your image and text on it - as long as nothing used in the image is violating copyright - does it really need to be totally 100% unique to you?
        Thanks for the heads up. Well, I'll be reselling it.
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  • Profile picture of the author zoomsixx
    I have bought software on fiverr that was blatant copyright infringement. As with any place be wary.
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  • Profile picture of the author onegoodman
    Okay I came cross this before,

    You are usually getting copyrights of work delivered and it is not the case with eBook or Software ( when someone is selling a book on fiverr, it doesn't mean you have ultimate copyright to sell it).

    I guess whenever you order such a thing, you certainly need to ask the seller, he and he alone can certify if that goes a long with the purchase or not.
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    • Profile picture of the author thedog
      Originally Posted by onegoodman View Post

      Okay I came cross this before,

      You are usually getting copyrights of work delivered and it is not the case with eBook or Software ( when someone is selling a book on fiverr, it doesn't mean you have ultimate copyright to sell it).

      I guess whenever you order such a thing, you certainly need to ask the seller, he and he alone can certify if that goes a long with the purchase or not.
      Sure, I know it says it in the TOS, but prob best to ask them too.

      It did cause a little confusion with this one girl... but we straightend it out.
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  • Profile picture of the author GypsyButterfly
    I recently joined Fiverr. Since I write stories, people ask, if, once they purchase them, they're able to do what they want with them, including, reselling. I say, of course. It's a launching pad, to help me get my start. Eventually, it will be important to have both my work & name recognized. But, for now, I'm glad to be able to hone my craft. Reading this, I'm thinking, it would be a good idea to mention, in the description, that, it's theirs to do with as they wish.
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    • Profile picture of the author deejay14
      Originally Posted by GypsyButterfly View Post

      I recently joined Fiverr. Since I write stories, people ask, if, once they purchase them, they're able to do what they want with them, including, reselling. I say, of course. It's a launching pad, to help me get my start. Eventually, it will be important to have both my work & name recognized. But, for now, I'm glad to be able to hone my craft. Reading this, I'm thinking, it would be a good idea to mention, in the description, that, it's theirs to do with as they wish.
      No Gypsybutterfly. You definitely DO NOT want to do that. Even if you don't expect residuals for your work, you still want to retain your copyrights, especially if you want to get your name out there. If you say the buyer is free to do what they want with your work, that means they can take your name off your work and distribute it as theirs. You may want to word what can be done with your work more specific such as "they can resell it or redistribute, but you retain all copyrights to the work and your name has to appear as the creator of the work" or something like that.
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      • Profile picture of the author Kay King
        You are quoting a post made THREE YEARS AGO.

        Bumping old threads is not a good practice.
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  • Profile picture of the author twiggy6
    Copyright is tricky ..ask a lawyer
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