Avatar rejected


#1

I created an improved version of my avatar, but when I upload it, it gets rejected. The web site says “We had to remove your profile image because it appeared to not be an original image. Please upload a new one.”

I clicked on the “Learn More” link and am reading the following:

Profile Image
_Your profile image should be unique and real. We recommend uploading a picture of yourself to add that personal touch to your profile. You can also upload an image that reflects the type of services you offer. _
Note:
Do not use images from the web.
Do not use images that you don’t have the copyrights for.
Do not include “Fiverr” badges in your profile image.
Avoid using a lot of text in your profile image.

As I created it myself, I am not violating any of the conditions. I contacted the support, showed them my picture, they asked me to send the source file as well - and they say that I am not the creator. In order to prove my ownership I am asked to send my registration certificate and number of my work?!

I asked them to forward the issue to the legal department, but meanwhile nobody is even responding.

What is your opinion? What can I do? I am using this avatar picture all over the web, therefore it is like a brad, which I cannot change to anything that would suit, just to make the upload work.

Any ideas?


#2

I had similar situation (not same). Got notification ‘Your profile picture is not original’
I Asked for source file which I provided then asked for jpg file which I also provided and then my profile picture replaced by support guy which ended up in what I have right now (cropped profile picture).
I did not try to change it since then, I don’t want to mess with them again.


#3

This is a little bit weird. A platform like fiverr should act professional and not make up stories about doubting the ownership (especially, when they hold the proof in theird hands). This makes an unprofessional impression. And they are still playing “dead man” … is there a way to contact them via postal or to send them a fax? Maybe I could wake them up that way …


#4

Are you talking about the image you’re currently using? Tux, the Linux penguin? It’s a copyrighted image.


#5

Just as side note: Tux, the Linux penguin, is not copyrighted, from what I know. See http://isc.tamu.edu/~lewing/linux for example.

Aside from that fact: the penguin, that I am using, is not Tux and also not copyrighted, I have proven that my work is derived from a CC0 licenced graphics and I provided my original source file. Internationally the act of creating a new work automatically makes the creator the owner - like in my case. And denying this international standard is to be called … erm … naive at best. :wink:


#6

So your brand is actually a free CC0 graphic hence triggering the warning

?

Ouch, please do some research. The owner of the work waives all of his or her rights to the work under copyright law but you have to look at more than only copyright regulations. You can use the work commercially without attribution but you do not gain ownership to the work. Think about it, I can’t just take someones creation, modify it a bit and call it my own.

So you sign up, run immediately into a problem and call them unprofessional and mention a legal department and wonder about not getting an additional response? What about spending a few bucks on a decent graphic you can call your own to brand - wouldn’t that be professional?


#7

This simply isn’t correct. To give you an example from something besides graphics, there are tons of books on Project Gutenberg that are now in the public domain. I can read them, copy the text, and even sell them as duplicates if someone would buy them. I cannot change a few words and sell one of the books as my novel.

I understand that you can prove things like “free” and “licensed” and that is all great. If you had a LOT of money you could pay Apple to use their logo on something, but that wouldn’t make it an Apple thing and it wouldn’t mean you owned the Apple logo. For Fiverr, you absolutely need to use something that is entirely 100% original. There are other accounts that have copied photos (like celebrity photos that might even be covered by fair use) and Fiverr hasn’t caught all of them, but if they were to try to update their profile image they would be denied too.

Feel free to challenge Support on this. If they give you permission to use the edited version of your licensed graphic, then you’re good. If not, find something else you can use.


#8

Just to clarify a few things:

  • My “brand” is not a corporate brand, it is my “personal brand” and not a free CC0 graphic.
  • I did a lot of research and hired a law company for the legal advice. I am expressing the official position according to WIPO and European law.
  • In order to be more precise: I created a penguin line by line on my own based on a tutorial. Afterwards I did artwork on top of that. I am therefore not reusing anybody’s graphics. I only gave reference to a CC0 graphics in order to show the support that it is officially availabe for free reuse.
  • I did not run into this problem “right after sign-up”.
  • I need to talk to the legal department, as the support staff is unable to judge the matter correctly.
  • I spent the bucks already, as I created the logo on my own.
  • You both are absolutely right with your statements, that changing a little bit and claiming the result as your own work is wrong - but this is not the case, as I created everything on my own.

This all being said:
If I created a logo with the apple logo being part of it, I would not comply to the rules: Apple has the copyright and could therefore force me to remove it - but not fiverr.
As I created the logo line by line, did artwork and there is nobody able to claim that “a penguin” is his / hers as it is to the best of my knowledge a “common image”, I wonder what would hinder fiverr to accept this as my logo. It is neither illegal, nor inappropriate - and yes, I am the owner of my work according to WIPO / EU law.

It is nevertheless a very interesting question and it will hopefully be answered by some legally experienced person. Hope dies last. :stuck_out_tongue:


#9

Sorry, I did not read your post as it is already a waste of time. If you see fit in arguing over something like this because you cannot come up with your “own” logo, be my guest.


#10

This is Fiverr’s website. If they say no, then the answer is no. They have the legal right to do so, on their website, according to their publicly listed Terms of Service. If Fiverr said no to you using that image, then “no” is usually their final answer. You can seek further clarification from CS, but it is well within their rights to police their own website.


#11

You are right, they have every right to do so. Case closed.