Fiverr Forum

As a buyer, I really got pissed off by the copyright stuff


#1

As a buyer, I really got pissed off by the copyright stuff.

Quoted from Fiverr ToS:

“Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.”

Fiverr also said this (which make the 1st quote kind of bullshit):

Fiverr.com’s content is based on User Generated Content (UGC). Fiverr does not check user uploaded/created content for violations of copyright or other rights.

Clearly, there’re tons of copyright suspicious Gigs, like the Minions.

As a Buyer, how can I know which is copyright clean so it’s OK to buy ??!! Yes, you ask seller, but so what? can you trust thieve’s (if they are) answer?

If you take this seriously, Fiverr is just not usable.

I think Fiverr is going to die on this.

BTW, anyone know the worst case if a buyer accidentally bought some copyright-unclean stuff?


#2

Well, at least for writing gigs, Fiverr could greatly increase the value of all the work done if they would integrate some sort of Copyscape module into their website, even if they would add a disclaimer that it is not a guarantee that the article is not stolen. Maybe there is something similar for images.


#3

The worst case depends on the countries involved. If I understand it correctly, some countries consider whether the buyer knew/suspected it was infringement, others don’t.

It’s a little hard for Fiverr to write a comprehensive international policy that will explain it in detail.

For instance, did you know that taking a photo (yourself, in person) of the Eiffel Tower and sharing it is a violation of EU copyright?


#4

Ok, then I will hand my camera over to a random passer-by and ask them to take the photo instead?
Voila! :grinning:

p.s
I have been to Paris and the Eiffel Tower, so seeing the sheer volume of tourists VIOLATING this law, how is this supposed to be implemented I wonder… especially in the times of FB and IG… :thinking:


#5

If you put it somewhere, you’d still the one violating the law.

I dived into the subject a bit and it seems that in the Netherlands it’s the buyers responsibility that something you purchase on Fiverr is original. it seems to be an additional cost of doing business here


#6

maybe you just need to admit that the type of work that involves copyright issues (say images, graphic work, content writing, etc) is not the one to book on fiverr :frowning:
if you wanna be safe, you need to go to a local agency or freelancer, have a kind of contract with them, and pay the local price
some things simply have their price and they just won’t go for 5$ :frowning:
in you are anywhere in the EU,US, AU I’d rather think about it twice


#7

Some worse cases is buying something that looks clean, doing research on the finished piece to make sure that it is, then using it only to get contacted by the original creator (or worse their lawyer) of the piece requesting it to be removed. Some clients will be understanding and stick with while others will stay clear. Another horrendous case that I read about in a forum on another site I participate on, is that a buyers entire YouTube channel was shut down because they were using a music file that belonged to someone Person A but was being sold by Person B.

I think the issues with copyright and licensed characters in regards to fiverr is that when it first launched, it was meant to be a platform for work to get done but more along the lines of being quick and fun jobs where the finished work would be presented as a fun gift. Down the road, fiverr became much more than just a fun jobs platform but a platform where some serious work could get done.

The best that can be done is to practice due diligence and go over any and all gigs you plan on purchasing with a fine tooth comb. See something promising based on portfolio samples, do a web/image search online to see if anything remotely similar surfaces. Even with that information in hand, the world of copyrights us filled with headaches.

US based copyright laws are completely different from those in other countries which makes it extremely difficult to police the matter especially on an international platform such as fiverr. It would be nice if there was a single coherent set of rules in regards to copyright that could be utilized on an international stage.


#8

For something unclean that accidentally bought on Fiverr, I think it’s fair to stop using it, but it’s just so unfair to buyer to get penalized for a huge amount extra.

The seller should take the full responsibility, isn’t it? can’t Fiverr at least specify this in their ToS?

Even better, if Fiverr really wants this platform to flourish, they should cover all the potential extra-legal cost for Buyers (there are unlikely to be many, but this is annoying enough to damage the platform). See how Ebay handles fake/flawed goods / returns sold on their platform!


#9

Putting the burden on the seller is not really a solution either.

The seller would then have to know whether making a picture with The Minions is legal in your country. This depends on the laws in your country. It might be fine if you put the image in a frame in your child’s bedroom, but if you are going to use it in an ad it’s probably an infringement.

In addition, you might buy something, and find out years later that the item you bought was copied. It would then be extremely difficult to find the seller, even with the help of Fiverr. And then, if the seller is not active anymore, either you or Fiverr needs to get the money in some way from the seller. Well, good luck with that…


#11

That might work… wait a minute, isn’t there usually a law against having someone else break the law for you?

It’s supposedly an EU law that extends copyright protection to certain ‘important’ things (like the Eiffel Tower and other monuments), but it’s not regularly enforced as far as I know. It exists, but people tend to pretend it doesn’t. It was created before social media was such a big thing. Still, I’d hate to be the one person they decided to make an example of. A lot of people get away with copying various copyrighted works too, until they don’t.

Some laws are not practical anyway, like making margarine illegal. It takes money away from the dairy farmers!

You mean how on Ebay buyers can say “its a fake!” and Ebay refunds their money, then tells them to throw it away? Meanwhile the buyer happily tells their friends about how they got a really expensive item for free?

And raise the minimum Gig cost to a few hundred dollars or more?

Well, no. Since their sellers (and buyers) are located in different countries, requiring them to take legal responsibility may or may not in itself be legal, which would open the door to arguments that the ToS is not legal. Also, they would have to somehow create a procedure for identifying “accidentally”, and in some cases Fiverr getting involved in that way could open them up to complicity claims. International business is a pain.


#12

Actually, now that I think of it, “all rights” does kind of make sense. The seller can grant the buyer all rights. Just like if someone sold a quitclaim deed on the White House. In a US quitclaim deed you’re transferring all the rights to your claim (which is none). I’m sure a lawyer somewhere reviewed and approved the ToS.

The first quote is more protecting the Buyer from infringement claims made by the Seller. The second is covering Fiverr’s backside.


#13

Also worth noting… in the US, advertisers/marketers must obtain a “talent release” form in order to use a person’s image or voice.

Fiverr’s TOS clause is not a “talent release” and is not legally binding because it doesn’t explicitly connect the legal name of the advertiser/marketer or the legal name of the talent (or any legal names for that matter). Nor does being paid constitute a “talent release”. This puts some Buyers at risk of being sued for a portion of the profits which were obtained by the use of the talent who they obtained illegally. And the talent would win for reasons too long for me to list, although the amount awarded would be difficult to determine.


#14

No.

Whenever I write, I always use 4-5 different resources. 9.999/10 gigs will pass CopyScape 100%.

However, every so often one fails. In many cases, it fails based on something mentioned on a website which is not even related to what I am writing about.

I have also had this happen on some competing websites which have another plagiarism check built in. I know my articles are unique. Hell, I am now at the point where I don’t need to research most topics. However, I still get caught out by plagiarism checks for absolutely no reason.


#15

It’s not perfect, that’s true. Also a blogpost can contain a citation or a definition of something that can only be defined in a certain way.


#16

Same thing for which google translated texts usually suck and why the flagging of inbox messages for no good reason sucks (just got another one of that). No AI. :confused:


#17

Dear Miiila:

Google claims that in 2017 they are making dramatic improvements to Google Translate, so you just might be getting some competition there soon.

Good luck,
Blaise


#18

I have read that as well, that for some language pairs it would be a matter of doing some minor edits and the translation is done.


#19

I recently downloaded the automatic translation program that had been tested and proposed as the best by a ‘neutral’ and reknowned site. After I tested the best one, I didn´t even bother to have a look at the others.
German is btw notoriously worse for machine translation than many other languages. And then there´s literary texts and all, I´m not going to worry about competition too much any time soon. It´s getting better all the time, sure, because they can crawl more and more texts, even your emails, and improve probablity of right and/or good translations, But I’m keeping informed about the developments there, and I´m quite fine with new tech developments, I’m amazed by, and like, the internet, VR and such, or parts of it at least ;). I´ll adapt or do something else, if need be. Good luck is never bad though. :slight_smile: