Buyers Don't have any Copyrights on - CANCELED Orders

[subaro665]

Sellers Don’t you know?
buyers will not receive any copyrights if the order canceled.
so then we can act on the fake buyers who get our designs and asking refunds.

you can also report fiverr cs about this in copyrights category, If the buyer use your design which you delivered at canceled order then you can charge the buyer on Copyrights Law.

[hassankhursheed]

wow that’s superb information i faced fake buyer today but now the order is canceled can i do anything now?

[onlinedzshop]

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

[vanishedk]

I’m confused what this is about. Perhaps a more of a clear explanation? Thank you.

[mariokluser]

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.

[fonthaunt]

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:

https://www.dmca.com/FAQ/How-can-I-file-a-DMCA-Takedown-Notice

en.wikipedia.org

Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itse...

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.

[psychicbunny]

The sellers should always leave a watermark on their graphics before the buyer feels the image is completed anyways. That’s what helps the most.

[mariokluser]

There is a big difference between usage rights and copyrights.
The great source for you guys would be this video by the copyright guys:

[mariokluser]

Watch if over at Youtube. There is the format not that weird like above.

[sohizidesign]

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.

Thanks

[philtabest]

Sadly, my gig I cannot really watermark. 😦 I mean I can, but I would look a bit silly as the buyer could easily just re-write the gig.

[philtabest]

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.

1. 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.

2. Research some fancy legal lingo.

3. 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.

[philtabest]

Very true, I have not watched the video, but I did enough around copyright, patent, trademark and all that jazz at college to last me a lifetime.

They still however have no right to use a product that they have failed to pay for. I understand that you never said otherwise, I just thought I would clear that up before you get an Fiverraters!

Fiverraters = irate Fiverr haters. 🙂

[malleficus]

What if you allow them to purchase it, and in the requirements note that it’s only for personal use, not commercial, and they violate that after buying it?

[sohizidesign]

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!

[fastcopywriter]

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?

[nikodesigner]

Thanks for you Counseling 🙂

[hudsonmediaroom]

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.

[voiceoverpete]

Jean nailed it (aka Hudsonmediaroom). That’s the ticket to protect yourself is to create some type of watermark method. Brilliant Jean!

[mariarajput786]

This is what I always do.

[hardhouse]

The biggest problem i see here is another one. Let’s say i have an order and have to deliver 10 modified pictures and the buyer “doesn’t like them”. He rejects the order, i make other pictures, and he will use 20 modified pictures and not 10 for how much he paid. This is another issue, so revisions should be limitated and Fiverr must do something about this!

[mariokluser]

In this case you can grant him the usage rights for the second batch and sue him for the use of the first one.

[moonlandr]

This is what I do. I have some regulars that have ordered so much from me that I don’t do it with, but those random, picky people who endlessly ask for changes and then revert to the original, or those who don’t want to order the gig before seeing a design, I have a pattern I use and just overlay it on everything.

[maryjone]

Thanks for this information

[usamasidd65]

well this post is some how fake… 😛