I had some cancelled orders before, but when the buyer is nice and it’s my fault i don’t do anything about it, i let him use the work if he wants to, but if he’s rude or the cancellation is his fault i tell him that he can’t use the delivered work anywhere and if he does i’ll sue him for it
The buyer don’t gets the copyright on all the other orders either if there is no contractual agreement that says otherwise. The copyrights are by the creator.
However, if you want to be able to file a law suit you always have to register your copyrights over at copyright.gov otherwise you will not find a judge who will file a case.
This is a great thread. I want to state up front - I am posting this AS a seller - not representing Fiverr staff even though I am a volunteer forum moderator/admin, so I can’t promise you anyone will back this up but the information is important to you as a seller. This issue has been discussed on the forum before but I haven’t seen anything recent.
When a buyer cancels and uses your work online, you can do something very direct about it. Make sure that IF a buyer cancel, the moment it happens you publish your work (images, text, video, whatever) on your own site even if it is a freebie blog and put time/date stamps on it and claim copyright on your site. See these links for more information on how you can understand your rights and have your work taken off the internet if a buyer cancels:
Note: Do not try to utilize these methods for illicit purposes. If a buyer pays for your work and leaves you a bad review, you can’t and should not file a takedown against them. They still paid for the work. Taking action against a buyer who did pay will only result in changes to your legal rights down the road. Bad idea. If they pay but leave you a poor review, pursue it with the buyer first, then Customer Support, and if all that fails you just need to take it and move forward.
I have a buyer printed my design and still looking for refund, i contacted cs first but i don not really understand if they will give the buyer refund even after using my design? The excuse was that i didn’t included a format! I gave the buyer the source file. Any suggestion please.
Personally what I would do if Customer Service allow the cancellation of order is first contact customer service back with the evidence. If they do not help, I would take it off Fiverr by following the below instructions.
Search their website, find the physical address of their premises.
If that’s not on their website, you can normally find that by going to who.is, typing in the website address and unless they’ve paid to get that information blocked, you can find the contact details.
Research some fancy legal lingo.
Write a formal letter letter containing that legal lingo demanding the below.
2 or 3 times the original total of money + an hourly wage for the time spent in research and writing that damn letter.
I would also add that failure to pay this may result in legal action.
If you choose to do this DO NOT become aggressive or threatening and make sure you send the letter recorded post too.
I cannot be held responsible for what may come of this advice, this is just what I would do.
Thanks so much for taking the time to write all these instructions appreciate it, I’m waiting for a reply from CS first since they didn’t cancel the order yet! as the evidence in the inbox the buyer said himself that he printed my design. Thanks anyway!
Buyers are entitled to nothing if they cancel an order. Suppose I hire Pete to design a shark t-shirt, then I don’t like his work, so I cancel. Why would I get angry if Pete delivers that design to someone else?
Oh I crazy “watermark” my video gigs. In fact, I will not release a final video with removed watermark (and in some cases - audio with my gig name repeated throughout) until the Buyer sends me a written approval. If you go to my personal page and scroll down, you’ll see the watermark clear as day.