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-   -   Have you read Fiverrs TOS? (https://gfy.com/showthread.php?t=1062571)

tattoo 03-27-2012 01:05 PM

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 03-27-2012 01:06 PM

you read that wrong.

tattoo 03-27-2012 01:07 PM

Quote:

Originally Posted by porno jew (Post 18847812)
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 (Post 18847824)
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 (Post 18847853)
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 (Post 18847905)
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 (Post 18847916)
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 (Post 18847947)
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 (Post 18847873)
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? :1orglaugh:1orglaugh

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 (Post 18847988)
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? :1orglaugh:1orglaugh

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. :2 cents:

WarChild 03-27-2012 03:56 PM

Quote:

Originally Posted by tattoo (Post 18848206)
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. :2 cents:

Good luck with that. :1orglaugh:1orglaugh

tattoo 03-27-2012 03:59 PM

Quote:

Originally Posted by WarChild (Post 18848209)
Good luck with that. :1orglaugh:1orglaugh

:winkwink::thumbsup:thumbsup

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 (Post 18848244)
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.


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