Copyright infringement by designer


#1

Hey there,

I bought a bunch of original illustrations from a designer for t-shirts, 25 Dollar a piece. I later found out that he used templates from freepik and other sources, modified them just slightly and resold them, which he is not allowed to. He’s even a “Top Seller” at fiverr, despite these lies. My question now: What to do? Can I get my money back?

Thanks!


#2

Strictly speaking, if your designer has used a template image which they do have the rights to use (ie. creative commons or they have paid for the necessary rights) there is nothing to stop them taking an image from a place like freepick and amending each such image slightly. In this case, the first thing which you should do here is contact your seller and say something like:

"Hi,

I’ve noticed that you have used images from freepik in the designs which you just delivered. Please could you now provide me with evidence that you have the right to use these images commercially as I’m afraid that if not, I will have to report this matter to the relevant copyright holders.

Kind Regards,

(You)."

If you do this, your seller should either supply you immediately with the relevant documentation. Alternatively, if they are a top seller and haven’t got their copyright in order, you will either scare them into buying the relevant licences and supplying you with them, or them offering to cancel and refund your order.

Ideally, they will have everything in order. However, if not, I would personally recommend that you then contact Fiverr Customer Support directly and lodge a copyright complaint.


#3

I’m not sure if he is allowed to resell it, even if he has a subscription and altered it slightly. Please see Freepiks rules:

What you CAN’T DO:

  • Sublicense, sell or rent any of FreePik Contents (or a modified version of FreePik Content).
  • Distribute FreePik Contents unless it has been expressly authorized by FreePik.
  • Include FreePik Contents in an online or offline database or file.
  • Offering FreePik designs (or FreePik --Contents modified versions) for download.
  • To use any of Freepik’s images as the only or main theme of your designs.
  • Acquire the copyright of FreePik Contents.

#4

I would follow what @cyaxrex said and go from there. Considering what you just posted, it would look great in your favor when you contact customer service.