Have you read Fiverrs TOS?

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  • tattoo
    Registered User
    • Feb 2012
    • 40

    #1

    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.
  • porno jew
    Too lazy to set a custom title
    • Nov 2006
    • 10166

    #2
    you read that wrong.

    Comment

    • tattoo
      Registered User
      • Feb 2012
      • 40

      #3
      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."

      Comment

      • porno jew
        Too lazy to set a custom title
        • Nov 2006
        • 10166

        #4
        i means once you buy something on fiverr it's yours. adapt or die.

        Comment

        • tattoo
          Registered User
          • Feb 2012
          • 40

          #5
          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.

          Comment

          • iSpyCams
            Amateur Gynecologist
            • May 2009
            • 4436

            #6
            Buying something and then owning it afterwards is hard to imagine but it happens...
            - As soon as I think up a good sig it's going here.

            Comment

            • CyberHustler
              Masterbaiter
              • Feb 2006
              • 28739

              #7
              If somebody writes an ebook for you on fiverr, it's yours. Happy 420.
              “If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”

              Comment

              • porno jew
                Too lazy to set a custom title
                • Nov 2006
                • 10166

                #8
                unless they explicitly indicate otherwise.

                Comment

                • tattoo
                  Registered User
                  • Feb 2012
                  • 40

                  #9
                  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?

                  Comment

                  • CyberHustler
                    Masterbaiter
                    • Feb 2006
                    • 28739

                    #10
                    “If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”

                    Comment

                    • AlfalfaReborn
                      Confirmed User
                      • Sep 2007
                      • 169

                      #11
                      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

                      Comment

                      • tattoo
                        Registered User
                        • Feb 2012
                        • 40

                        #12
                        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.

                        Comment

                        • porno jew
                          Too lazy to set a custom title
                          • Nov 2006
                          • 10166

                          #13
                          you are reading it totally wrong.

                          Comment

                          • candyflip
                            Carpe Visio
                            • Jul 2002
                            • 43069

                            #14
                            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

                            Comment

                            • ottopottomouse
                              She is ugly, bad luck.
                              • Jan 2010
                              • 13177

                              #15
                              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.
                              ↑ see post ↑
                              13101

                              Comment

                              • tattoo
                                Registered User
                                • Feb 2012
                                • 40

                                #16
                                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...

                                Comment

                                • WarChild
                                  Let slip the dogs of war.
                                  • Jan 2003
                                  • 17263

                                  #17
                                  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?
                                  .

                                  Comment

                                  • raymor
                                    Confirmed User
                                    • Oct 2002
                                    • 3745

                                    #18
                                    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
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                                    Comment

                                    • PornMD
                                      Mainstream Businessman
                                      • Jan 2007
                                      • 9291

                                      #19
                                      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.

                                      Comment

                                      • tattoo
                                        Registered User
                                        • Feb 2012
                                        • 40

                                        #20
                                        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.

                                        Comment

                                        • WarChild
                                          Let slip the dogs of war.
                                          • Jan 2003
                                          • 17263

                                          #21
                                          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.
                                          .

                                          Comment

                                          • tattoo
                                            Registered User
                                            • Feb 2012
                                            • 40

                                            #22
                                            Originally posted by WarChild
                                            Good luck with that.

                                            Comment

                                            • DBS.US
                                              Geo Cities
                                              • Aug 2003
                                              • 11843

                                              #23
                                              If you hire someone to write a book is different then if you by a copy of their book.
                                              Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

                                              Comment

                                              • moeloubani
                                                Confirmed User
                                                • Dec 2007
                                                • 4235

                                                #24
                                                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

                                                Comment

                                                • porno jew
                                                  Too lazy to set a custom title
                                                  • Nov 2006
                                                  • 10166

                                                  #25
                                                  read now http://www.copyright.gov/circs/circ09.pdf

                                                  Comment

                                                  • tattoo
                                                    Registered User
                                                    • Feb 2012
                                                    • 40

                                                    #26
                                                    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.

                                                    Comment

                                                    • porno jew
                                                      Too lazy to set a custom title
                                                      • Nov 2006
                                                      • 10166

                                                      #27
                                                      read the pdf idiot. that's what they are referring to.

                                                      Comment

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