Introduction
Whether you're building an online presence, creating music, or crafting visual art, it's important to understand the rules of ethical and lawful creativity. This article is based on Fiverr’s Community Standards, to provide more details on this complex field, while fostering fairness and respect for all parties involved.
Understanding third-party rights
As stated in Fiverr’s Community Standards, a third party is a company or person, other than Fiverr, that is indirectly involved in the services users offer or request. In the digital marketplace, respecting the rights of others is crucial in maintaining trust within our community, while safeguarding the integrity of the final results. Therefore, we require that users respect the broader Internet community and follow the Terms of Service (TOS) of other platforms and companies.
Adhering to licensed material and beyond
Using external elements like images, music, or themes, can add flavor to your creative mix. However, transparency is key. You must clearly state that you are using third-party content and cannot claim it as your own. Carefully review the terms of any external elements and verify that your license for this third-party work includes the necessary permissions to be used by someone else.
Tips for freelancers
Be aware of any IP rights related to external components: Before integrating third-party elements, get to know the terms of their licenses. This helps prevent unintentional missteps in respecting intellectual property.
- Be transparent in your communication: If your creation involves external elements, be upfront. Share this information and clarify any associated costs to avoid potential misunderstandings with the clients.
For instance, if you offer development services for Shopify or WordPress, and use licensed themes, make sure your Gig clearly states that the service includes elements from third-party websites. Consider adding an extra cost in the Gig extras section.
Tips for clients
- Be proactive: Understand the origins of integrated elements. During order requirements discussions with freelancers, make sure to clearly discuss the usage of licensed materials. Ask if they have the necessary permissions for themes or any other content they plan to incorporate into your project.
- Provide your own components: If you have unique elements to include, inform the freelancer. This ensures your project is created using materials you already own, eliminating potential licensing conflicts.
General guidelines
- Always check for potential IP rights: Even freely-available content on the Internet may have copyright restrictions. A simple but powerful rule of thumb is to assume that all content has some kind of IP protection unless proven otherwise.
- Keeping a record: When collaborating or using external content, maintain a record. This documentation can serve as proof of your right to use the material if any questions arise.
By fostering a culture of transparency and respect for copyright, licensing, and third-party rights, we contribute to a thriving and lawful digital marketplace. Our freelancers and clients play a crucial role in ensuring that the creative process is not only exciting, but also guided by legality and mutual respect.