Not allow contractors to have re sell rights

[James 1]

Time and time again I see business owners constantly not allowed to resell products they hired a contractor to make for them. Let me be clear. I think having resell rights on products someone is offering makes complete sense as they're selling a product that shouldn't be distributed without consent. However, not having resell rights on a product that someone is given an exact plan to make or make for over and over again for said company doesn't warrant these restrictions as the contractor just builds it. The contractors aren't making their own product. The contractors are simply making what ever the business owner is asked and that's all it should be. I don't think is done in any other industry so I don't see why it should be done in this business.

 

[Sparko]

I feel like this is something that could be discussed and clarified by the two parties involved, though if nothing related to it is explicitly stated by either side I think that it should default to the client to have re-sell rights - provided that it's an exclusive product made for them.

 

[James 1]

I feel like this is something that could be discussed and clarified by the two parties involved, though if nothing related to it is explicitly stated by either side I think that it should default to the client to have re-sell rights - provided that it's an exclusive product made for them.

I think completely disallowing the greedy and malicious attempts to take more money from the hirer or impede their product that they hired someone else to make should be completely outlawed.

Regardless of whether or not it's discussed or should be it's completely outrageous.

 

[nobody]

"I don't think is done in any other industry so I don't see why it should be done in this business." It's literally done everywhere unless explicitly specified by both parties that rights to resell are granted, no way in hell should this default to allowing rights to resell either.

 

[James 1]

"I don't think is done in any other industry so I don't see why it should be done in this business." It's literally done everywhere unless explicitly specified by both parties that rights to resell are granted, no way in hell should this default to allowing rights to resell either.

From what I've seen it's only being done by people selling a product. Not a service. Very clear difference between the two.

 

[nobody]

From what I've seen it's only being done by people selling a product. Not a service. Very clear difference between the two.

We're both talking about products, no?

 

[James 1]

We're both talking about products, no?

No. Sorry, I thought my thread made it clear my bad. It's meant about contractors trying to enforce resell rights.

 

[Louwtjie]

Time and time again I see business owners constantly not allowed to resell products they hired a contractor to make for them. Let me be clear. I think having resell rights on products someone is offering makes complete sense as they're selling a product that shouldn't be distributed without consent. However, not having resell rights on a product that someone is given an exact plan to make or make for over and over again for said company doesn't warrant these restrictions as the contractor just builds it. The contractors aren't making their own product. The contractors are simply making what ever the business owner is asked and that's all it should be. I don't think is done in any other industry so I don't see why it should be done in this business.

Multiple laws in every country (Normally employment related laws) in summary states if you the employee work for the employee and ask to do a job, you the employer own any and all work. (EMPLOYMENT). Contracts are not employees thus they still own the work/services. This is why IP agreements and Rights are important and can be transferred verbally or written. Some jurisidctions has laws enacted to protect employers against contractors and automatically transfer rights.

However, in many states and Eu countries the contractor needs to relinquish the full rights first. The employer is basically granted use-general rights. But not ownership rights.

It is presumption that the rights are automatically transferred/employer obtains full rights, unless the contractor stated that he/she owns full rights until transferred

MC-M Cannot enforce contracts to grant rights left and right if its not their right to force down.+

Heres a nice article that goes into more detail https://www.twine.fm/blog/who-owns-the-ip-when-working-with-a-freelancer/

Unless stated differently, when you pay a freelancer for their work you are paying them for the right to use their IP, not to own it.

 

[James 1]

Multiple laws in every country (Normally employment related laws) in summary states if you the employee work for the employee and ask to do a job, you the employer own any and all work. (EMPLOYMENT). Contracts are not employees thus they still own the work/services. This is why IP agreements and Rights are important and can be transferred verbally or written. Some jurisidctions has laws enacted to protect employers against contractors and automatically transfer rights.

However, in many states and Eu countries the contractor needs to relinquish the full rights first. The employer is basically granted use-general rights. But not ownership rights.

It is presumption that the rights are automatically transferred/employer obtains full rights, unless the contractor stated that he/she owns full rights until transferred

MC-M Cannot enforce contracts to grant rights left and right if its not their right to force down.+

Heres a nice article that goes into more detail https://www.twine.fm/blog/who-owns-the-ip-when-working-with-a-freelancer/

Unless stated differently, when you pay a freelancer for their work you are paying them for the right to use their IP, not to own it.

Damn that's slightly fucked (Referring to the article). Contracts for everything .

I'm going to keep this thread open because I want to see the discussion continue.

 

[Ivain]

Look, I get the sentiment. Whether I agree to it or not is irrelevant, however.
You're looking to the wrong party for suggestions like this. It is not MCM's responsibility to enforce stuff like this.
If it's important to you, make sure to clarify it in every deal you make.
Most experienced contractors will have a clarification in their Terms of Service on resell rights. If there is not such a clarification, then you ask them for it.
Almost any contractor will be willing to give you resell rights on a product that is custom-made for you. The only difference is the circumstances. Some might include it in the price you already paid, others might want an additional fee.
However, all of them will still want to be credited for the work, meaning you can't claim that you're the one that made it at the very least, and if you use their creation in a larger project you often have to explicitly credit them.
But obtaining resell rights is generally a matter of asking.
If you can't be bothered to ask and want it to be automatically enforced by MCM instead, it can't be that important to you, or you'd be willing to confirm it manually.

 

[Masons Monarch]

Time and time again I see business owners constantly not allowed to resell products they hired a contractor to make for them. Let me be clear. I think having resell rights on products someone is offering makes complete sense as they're selling a product that shouldn't be distributed without consent. However, not having resell rights on a product that someone is given an exact plan to make or make for over and over again for said company doesn't warrant these restrictions as the contractor just builds it. The contractors aren't making their own product. The contractors are simply making what ever the business owner is asked and that's all it should be. I don't think is done in any other industry so I don't see why it should be done in this business.

Right now they scam resolvers view it is unless any sort of TOS was agreed to, resell rights is included. In some cases, the freelancer allows resell rights as an extra cost, if this is stated clearly on the tread then the business owner wont be allowed to resell a product without paying that fine.

overall, its just a matter of what was agreed upon in that deal, not sure its wise to put a generalization on it like this for a number of reasons. Namely, the fact that, as I stated earlier, is a source of profit for many freelancer and unless something else is agreed the automatic full rights to the product should be immediately waved.

 

[James 1]

Yeah I a

Look, I get the sentiment. Whether I agree to it or not is irrelevant, however.
You're looking to the wrong party for suggestions like this. It is not MCM's responsibility to enforce stuff like this.
If it's important to you, make sure to clarify it in every deal you make.
Most experienced contractors will have a clarification in their Terms of Service on resell rights. If there is not such a clarification, then you ask them for it.
Almost any contractor will be willing to give you resell rights on a product that is custom-made for you. The only difference is the circumstances. Some might include it in the price you already paid, others might want an additional fee.
However, all of them will still want to be credited for the work, meaning you can't claim that you're the one that made it at the very least, and if you use their creation in a larger project you often have to explicitly credit them.
But obtaining resell rights is generally a matter of asking.
If you can't be bothered to ask and want it to be automatically enforced by MCM instead, it can't be that important to you, or you'd be willing to confirm it manually.

gree

 

[SSH]

Time and time again I see business owners constantly not allowed to resell products they hired a contractor to make for them. Let me be clear. I think having resell rights on products someone is offering makes complete sense as they're selling a product that shouldn't be distributed without consent. However, not having resell rights on a product that someone is given an exact plan to make or make for over and over again for said company doesn't warrant these restrictions as the contractor just builds it. The contractors aren't making their own product. The contractors are simply making what ever the business owner is asked and that's all it should be. I don't think is done in any other industry so I don't see why it should be done in this business.

I also think that gfx designers like for threads should give the source file. We paid for it, we paid you to make it just for us. What are we going to do? Change it? That's exactly what we need to do. I think it's complete BS that gfx designers charge an extra fee for doing something that doesn't take any more time and doesn't cost money. I don't understand their reasoning. And some even charge for changes. I waited for weeks for a good graphics designer to make my thread, I stated in my request that you must provide the src and that I can only pay through a certain payment method but I still had 7 people contact me that only accepted PayPal, like seriously read the whole thread and then DM me if you meet the requirements. I had people with no MCM account contacting me. That's my 2 cents on the matter. Peace.

 

[Mick]

Look, I get the sentiment. Whether I agree to it or not is irrelevant, however.
You're looking to the wrong party for suggestions like this. It is not MCM's responsibility to enforce stuff like this.
If it's important to you, make sure to clarify it in every deal you make.
Most experienced contractors will have a clarification in their Terms of Service on resell rights. If there is not such a clarification, then you ask them for it.
Almost any contractor will be willing to give you resell rights on a product that is custom-made for you. The only difference is the circumstances. Some might include it in the price you already paid, others might want an additional fee.
However, all of them will still want to be credited for the work, meaning you can't claim that you're the one that made it at the very least, and if you use their creation in a larger project you often have to explicitly credit them.
But obtaining resell rights is generally a matter of asking.
If you can't be bothered to ask and want it to be automatically enforced by MCM instead, it can't be that important to you, or you'd be willing to confirm it manually.

Indeed, I agree with this completely. It is up to you to decide on the terms of your own agreements with other parties rather than MC-Market to implement a blanket statement for or against what you have suggested.

Denied, thanks for the suggestion