Have you read Fiverrs TOS? - GoFuckYourself.com

tattoo · 03-27-2012, 01:05 PM

The last section is interesting:

Ownership and limitations (Legal stuff, yach...)

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.

Sellers further assert that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer.

Furthermore, users 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 may be used by Fiverr for no consideration for marketing and/or other purposes.

We wish to remind that Fiverr.com's content is based on User Generated Content (UGC). Fiverr does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Reported violating content will be removed.

By offering a service, the seller asserts that it has sufficient permissions to provide, sell or resell the service that they offer on Fiverr.

----------------------------------------

So if I read this right, I can order an ebook on Fiverr, and resell it. If the seller continues selling it, I can sue them because when I bought it, they transferred the copyright to me. Fiverr also has rights to it, unless it explicitly states that they retain copyright of the work.

The same goes for email lists, or any kind of list. Anything that someone can resell on there, I would own if I bought it.

porno jew · 03-27-2012, 01:06 PM

you read that wrong.

tattoo · 03-27-2012, 01:07 PM

Quote:

Originally Posted by porno jew

you read that wrong.

"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."

porno jew · 03-27-2012, 01:10 PM

i means once you buy something on fiverr it's yours. adapt or die.

tattoo · 03-27-2012, 01:13 PM

Quote:

Originally Posted by porno jew

i means once you buy something on fiverr it's yours. adapt or die.

Right, so people selling their ebooks on there have no rights to them once I buy them. Technically, they can't resell it after the first purchase.

iSpyCams · 03-27-2012, 01:16 PM

Buying something and then owning it afterwards is hard to imagine but it happens...

CyberHustler · 03-27-2012, 01:20 PM

If somebody writes an ebook for you on fiverr, it's yours. Happy 420.

porno jew · 03-27-2012, 01:21 PM

unless they explicitly indicate otherwise.

tattoo · 03-27-2012, 01:28 PM

Quote:

Originally Posted by CyberHustler

If somebody writes an ebook for you on fiverr, it's yours. Happy 420.

It seems that way. I see a lot of exposed sellers on there. Does anyone have a good copyright attorney?

CyberHustler · 03-27-2012, 01:32 PM

AlfalfaReborn · 03-27-2012, 01:41 PM

They are basically just saying that when you sell it, the buyer owns it. So, for example, you create a logo for someone, it's theirs when the work is done.

tattoo · 03-27-2012, 01:45 PM

Quote:

Originally Posted by AlfalfaReborn

They are basically just saying that when you sell it, the buyer owns it. So, for example, you create a logo for someone, it's theirs when the work is done.

For example:
fiverr.com/cright/send-you-the-million-dollar-copywriting-secrets-ebook

If I buy this, the guy can't sell it anymore... anywhere on the web.

porno jew · 03-27-2012, 01:46 PM

you are reading it totally wrong.

candyflip · 03-27-2012, 01:55 PM

In that instance, you're not paying for the ebook to be made. You're paying someone $5 for the time it's taking him to send you the pirated ebook.

At least I'm sure that's how they're explaining and justifying.

ottopottomouse · 03-27-2012, 01:58 PM

Quote:

Originally Posted by tattoo

For example:
fiverr.com/cright/send-you-the-million-dollar-copywriting-secrets-ebook

If I buy this, the guy can't sell it anymore... anywhere on the web.

wasn't written by him for you so no.

tattoo · 03-27-2012, 02:05 PM

Quote:

Originally Posted by ottopottomouse

wasn't written by him for you so no.

"when the work is delivered, the buyer is granted all intellectual property rights"

It doesn't say that it has to be something created FOR the buyer, it's a blanket statement about the work in general... when delivered... The buyer is granted ALL intellectual property rights etc...

WarChild · 03-27-2012, 02:13 PM

Quote:

Originally Posted by tattoo

It seems that way. I see a lot of exposed sellers on there. Does anyone have a good copyright attorney?

So let me get this straight. Your gameplan is going to be using a lawyer to sue people who are selling ebooks on fiverr and get rich?

raymor · 03-27-2012, 02:14 PM

Read the URL you posted - "send you the ebook". You're paying them to SEND you the book. You're not buying exclusive rights to the book and that's clear from the title alone. You're paying them to send you something.

Also there's this little thing called "common sense". Judges have it, 98% of the time, so either the lawyer. The lawyer would just tell you the latin phrase for "common sense", "ad judicum".

PornMD · 03-27-2012, 02:57 PM

That's pretty standard on any freelancer site - if they write something for you like an Ebook, it's yours, not theirs. Selling you an already-made and branded Ebook is different.

tattoo · 03-27-2012, 03:54 PM

Quote:

Originally Posted by WarChild

So let me get this straight. Your gameplan is going to be using a lawyer to sue people who are selling ebooks on fiverr and get rich?

Yes...
The law provides a range from $200 to $150,000 for each work infringed.

What's your business model?

Buy 100,000 hits for $1000, sell memberships to .0001% of them @ $25PPS?

I think mine works out a little better.

WarChild · 03-27-2012, 03:56 PM

Quote:

Originally Posted by tattoo

Yes...
The law provides a range from $200 to $150,000 for each work infringed.

What's your business model?

Buy 100,000 hits for $1000, sell memberships to .0001% of them @ $25PPS?

I think mine works out a little better.

Good luck with that.

tattoo · 03-27-2012, 03:59 PM

Quote:

Originally Posted by WarChild

Good luck with that.

DBS.US · 03-27-2012, 04:07 PM

If you hire someone to write a book is different then if you by a copy of their book.

moeloubani · 03-27-2012, 04:12 PM

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.

if you would have just read one line further before getting all excited you could have answered your own question

porno jew · 03-27-2012, 04:14 PM

read now http://www.copyright.gov/circs/circ09.pdf

tattoo · 03-27-2012, 04:27 PM

Quote:

Originally Posted by moeloubani

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.

if you would have just read one line further before getting all excited you could have answered your own question

I read the entire section multiple times, and yes, I would agree that the statement you are referring to, in the context in which you are applying it, is one interpretation. However, it has a number of interpretations that are not readily discernible based on the written text.

porno jew · 03-27-2012, 04:31 PM

read the pdf idiot. that's what they are referring to.

03-27-2012, 01:05 PM	#1
tattoo Registered User Industry Role: Join Date: Feb 2012 Posts: 40	Have you read Fiverrs TOS? The last section is interesting: Ownership and limitations (Legal stuff, yach...) 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. Sellers further assert that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Furthermore, users 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 may be used by Fiverr for no consideration for marketing and/or other purposes. We wish to remind that Fiverr.com's content is based on User Generated Content (UGC). Fiverr does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Reported violating content will be removed. By offering a service, the seller asserts that it has sufficient permissions to provide, sell or resell the service that they offer on Fiverr. ---------------------------------------- So if I read this right, I can order an ebook on Fiverr, and resell it. If the seller continues selling it, I can sue them because when I bought it, they transferred the copyright to me. Fiverr also has rights to it, unless it explicitly states that they retain copyright of the work. The same goes for email lists, or any kind of list. Anything that someone can resell on there, I would own if I bought it. __________________

03-27-2012, 01:41 PM	#11
AlfalfaReborn Confirmed User Industry Role: Join Date: Sep 2007 Location: In my mind Posts: 169	They are basically just saying that when you sell it, the buyer owns it. So, for example, you create a logo for someone, it's theirs when the work is done. __________________ SkinMe5.com....what would you do for $5?? We offer Paxum as one of our payment options

03-27-2012, 01:55 PM	#14
candyflip Carpe Visio Industry Role: Join Date: Jul 2002 Location: New York Posts: 43,061	In that instance, you're not paying for the ebook to be made. You're paying someone $5 for the time it's taking him to send you the pirated ebook. At least I'm sure that's how they're explaining and justifying. __________________ Spend you some brain. Email Me

03-27-2012, 02:14 PM	#18
raymor Confirmed User Join Date: Oct 2002 Posts: 3,745	Read the URL you posted - "send you the ebook". You're paying them to SEND you the book. You're not buying exclusive rights to the book and that's clear from the title alone. You're paying them to send you something. Also there's this little thing called "common sense". Judges have it, 98% of the time, so either the lawyer. The lawyer would just tell you the latin phrase for "common sense", "ad judicum". __________________ For historical display only. This information is not current: support@bettercgi.com ICQ 7208627 Strongbox - The next generation in site security Throttlebox - The next generation in bandwidth control Clonebox - Backup and disaster recovery on steroids

03-27-2012, 02:57 PM	#19
PornMD Mainstream Businessman Industry Role: Join Date: Jan 2007 Location: San Diego Posts: 9,291	That's pretty standard on any freelancer site - if they write something for you like an Ebook, it's yours, not theirs. Selling you an already-made and branded Ebook is different. __________________ Want to crush it in mainstream with Facebook ads? Hit me up.

03-27-2012, 01:06 PM	#2
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	you read that wrong.

03-27-2012, 01:10 PM	#4
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	i means once you buy something on fiverr it's yours. adapt or die.

03-27-2012, 01:16 PM	#6
iSpyCams Amateur Gynecologist Industry Role: Join Date: May 2009 Location: Medellin Posts: 4,436	Buying something and then owning it afterwards is hard to imagine but it happens...

03-27-2012, 01:20 PM	#7
CyberHustler So Fucking Banned Industry Role: Join Date: Feb 2006 Posts: 26,062	If somebody writes an ebook for you on fiverr, it's yours. Happy 420.

03-27-2012, 01:21 PM	#8
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	unless they explicitly indicate otherwise.

03-27-2012, 01:32 PM	#10
CyberHustler So Fucking Banned Industry Role: Join Date: Feb 2006 Posts: 26,062

03-27-2012, 01:46 PM	#13
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	you are reading it totally wrong.

03-27-2012, 04:07 PM	#23
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,832	If you hire someone to write a book is different then if you by a copy of their book. __________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

03-27-2012, 04:12 PM	#24
moeloubani Confirmed User Industry Role: Join Date: Dec 2007 Location: Ontario Posts: 4,235	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. if you would have just read one line further before getting all excited you could have answered your own question

03-27-2012, 04:14 PM	#25
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	read now http://www.copyright.gov/circs/circ09.pdf

03-27-2012, 04:31 PM	#27
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	read the pdf idiot. that's what they are referring to.