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Author Topic: Rights to the purchased material on Fiverr.com  (Read 283 times)

Beginner123

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Rights to the purchased material on Fiverr.com
« on: 12-07-17 at 09:00 pm »

I'm developing a YouTube channel and I will be using voice actors on Fiverr.com for all of my video content. I will also use animators and Photoshop artists of Fiverr. I have some concerns in regards to my rights and ownership of purchased material...

I would like to ask if you know who owns the recordings of the voice actor after I purchase their recordings? 
Further I'm wondering what rights do I have on their recordings if they change their mind about how much they should be payed etc., after they already send the recordings?

Let me clarify that I would go far lengths at my own expense to avoid unnecessary headaches and bad PR, but I would still like to get informed. (I don't understand their terms - full of legal terminology)
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artchain

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Re: Rights to the purchased material on Fiverr.com
« Reply #1 on: 12-07-17 at 09:53 pm »

I'm going to start with some general advice.  If you are going to be producing media content, then you need to learn the "legal terminology" so that you can understand rights agreements. 

In this particular case, you need to have your actors (and sound tech) execute a "work for hire" agreement.  That will insure that you own the rights to the final work.

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MYK

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Re: Rights to the purchased material on Fiverr.com
« Reply #2 on: 12-08-17 at 03:05 am »

Work-for-hire agreement, or just a plain old assignment of rights?  I don't know if other countries use the same terminology, and these job sites draw in people from all over the world.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Beginner123

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Re: Rights to the purchased material on Fiverr.com
« Reply #3 on: 12-10-17 at 05:26 am »

I'm going to start with some general advice.  If you are going to be producing media content, then you need to learn the "legal terminology" so that you can understand rights agreements. 

In this particular case, you need to have your actors (and sound tech) execute a "work for hire" agreement.  That will insure that you own the rights to the final work.

Thank you for your reply artchain. Yes, I agree regarding the necessity to know the legal language in my case. I'm working on it.

I received the following explanation in an email form them in which they say that purchasing their "Commercial use license" along with the work of the actor, the rights of the "delivery" are assigned to me... I'm not sure if this (below) is sufficient to really own the rights to the recordings... I would very humbly ask if you can perhaps look at this paragraph below and advise. Thank you in any case..!

"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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artchain

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Re: Rights to the purchased material on Fiverr.com
« Reply #4 on: 12-10-17 at 02:07 pm »

Actually, it was MLK who pointed out that an "assignment of rights" would also be a good solution.  I should have included that in my original post. 

If you want to learn more about IP, following this forum - particularly the copyright and trademark sections - is a good way to see real world issues discussed.

I'd recommend picking up a book on copyright law.  NOLO press has some good general books.  There are also some books specifically about copyright law and the arts, available on Amazon. 

You may still run into complicated questions that require you to consult with an attorney, but with a little study you can reach a point where you understand all the simple rules, and you are able to understand basic contracts and licenses.

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MYK

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Re: Rights to the purchased material on Fiverr.com
« Reply #5 on: 12-10-17 at 02:54 pm »

Actually, it was MLK who pointed out that an "assignment of rights" would also be a good solution.  I should have included that in my original post.
Er, well, I was asking, not suggesting. :)

And please, we're all friends here, you can just call me The King. :)
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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