Fiverr Forum

Denied gig - allegedly copyright infringement


#1

Hello forum,

I’ll make this short and concentrate the information as much as I can. I’m not really looking to rant or complain, I’m mostly trying to get a different perspective or opinion from other fiverr community members.

Long story short:

I’ve recently had a buyer sending me an image which he claimed to have done himself in paint and if I could provide the SAME image in vector format. Mistakenly I said yes, I mean, I never thought about it at that point.

I did what the customer asked, sent him the files, got a 5-star review and even assisted him further via chat/inbox with other questions and matters.

Approximatively 12 hours later I get an e-mail saying that my gig was Denied due to Copyright Infringement. I did some digging on what could’ve went wrong and came to the following conclusion. The design that the customer claimed to be his own, was actually not, and did indeed violate Fiverr Terms of Service. Obviously the owner of the design made a copyright infringement report and my gig got taken down.

I’ve already contacted Customer Support regarding this matter, provided a logical and detailed explanation, provided the order number, various screenshots and my personal opinion about this. I was very polite to both Customer Support and the customer that got me into this(although partially it is my fault also, and I assume it).

I’ve offered the customer a redesign, told him what happened and he even offered to open a ticket himself to help me out.

My question is, do you think this is fair? What would you do in my case? Based on this example you can basically ban anyone on fiverr by just asking him to vectorize a design and then file a complaint. All that I want is a fair and just approach to my case and not just an automated generic message, because that’s what I got from Customer Support until now.

I also definitely don’t want to spam Customer Support with messages or tickets, because that’s not a principle I believe in.

Thank you very much for actually taking the time to read this. I will appreciate any input or thought regarding this matter!

Kind Regards,
Cristian


#2

Out of interest what did support write back to you ?


#3

Just to make sure, am I allowed to paste here the message I received from Customer Support? I don’t want to get into any more trouble than I already am.


#4

Yes you can, just blur out the CS’s name


#5

Here’s the reply.


#6

Looks like a canned response.

Was this after you provided your supporting statements and screenshots?


#7

Correct, this was the response I got after I provided my statement and screenshots. As I mentioned earlier, the customer in this story also opened up a ticket to clear things up.

I’ve replied to the above that I would actually like someone to look into this matter and get a more personalized response, because, as you pointed out, it looks like an automated/generic response.


#8

Well good luck. :thumbsup:
Do keep us posted if there’s a resolution to this.


#9

Will do, thanks for your support.


#10

Not much engagement here, but I’ll continue my story.

The customer which got me into all this(again I’ve been continuously keeping in touch with him in a polite and friendly manner). He sent in a ticket as well. His ticket was automatically marked as solved, no explanation was provided and further comments were disabled.

I’m really confused and I’m starting to think there’s no getting out of this :sweat:


#11

Well very strange situation for me so far. I dont think they will keep you gig down for long. May be they view it and after some warnings make it active again because I dont think this was your fault. Sorry to hear about this and I hope your issue get resolve soon. Keep us posted.


#12

TBH, from reading your thoughts on this and the type of responses you got from Customer Support, I think you might be jumping to a conclusion that isn’t spot on. Since the buyer also opened a ticket and was essentially put to the side, I doubt that CS felt that the buyer had anything to do with the circumstance. (I edited this response a bit after checking the gig you still have up.)

When you get a denial message like that AFTER you’ve sent in your side of the story, much of the time it means that the editors weren’t penalized you for a delivery made. More likely they found something else in the gig that was of concern to them. It could have been one of your gig images, any sample content you might have had up, or any reference to content that you might provide. You will see gigs all over Fiverr that are in violation but just haven’t been caught yet.

For example, if you had a line in your gig that said “I can put a Minion on your website” or you had a gig image that showed a t-shirt with Micky Mouse on it, those could be so minor but still result in a problem. Another example is the sale of stock photos. Some sellers assume that Google image content is fine to use since it’s easy to obtain and they might take a bit of clip art and add some text to it as part of a project. They may not realize that it’s a problem but if a buyer complains, the gig will come down.

The example I can show you isn’t perfect because I’m not an expert in this field, but I can see the similarities. You have a portfolio image that has components that match another work on another site. Something like this could get you denied, but this one is not exact enough to do more than guess. Here is a comparison if your image and the one that belongs to another artist:

I’m not saying any of these things are definitely your issue and I have not seen the denied gig. I just wanted you to be aware that those kinds of things are typically want causes sellers to get the CS response that you got. If it does turn out to be a mistake, I sure hope it is resolved for you. Let us know!


#13

What can I say, faith in Customer Support restored! :slight_smile:

Today I was victorious, got my gig back!

Wish you all best of luck and many orders!

Regards,
Cristian


#14

I am not happy with this.
I buy images on Shutterstock and Istock and others. I pay for the right to use these images anyway that strictly sticks to the license agreement. It is a very, very cheap way to get great images. I know the rules between stock houses. And they can differ greatly.
The stock houses I use allow me to take a photo (because I bought the rights to use it) and have a vector image made of the licensed image. Even if the picture is totally modified I still have to give the original artist credit on an Attribution page. Are you saying Fiverr will play games and block my new image that I pay to have redone? If they do, how fast do they clear the matter. I don’t want my Fiverr artist hurt!!! A great artist can refuse other jobs for me if they have to fight for their money! Can’t Fiverr just contact me and ask for proof of license?
I stick 100% by all rules on the stock houses.


#15

I’m guessing that you can avoid this just by being cautious. As in, write a ticket beforehand to Customer Support and explain the situation.

In that case, if your artist gets any complaint, he’s covered!

I hope this helps.


#16

Thanks for the tip cristiansticea, Sound like it could help. Perhaps the moderator will confirm.
You said, “if your artist gets any complaint” do you mean complaint from Fiverr?
Thanks for responding.


#17

I mean complaint from someone else. A buyer, a seller or the artist that holds the copyright(creator of the stock vector)


#18

I also suggest that you contact customer service regarding this issue.
I don’t know enough about the industry etc to be able to know for sure but I think this could be difficult to do safely here. As Fiverr is an almost anonymous platform (ie I have no way of knowing who you are) what is to stop you, me and 100 other people showing the same license for images? I am quite sure that other people do the same as you here but from what I am reading I think it could cause problems. I suggest going to CS and saying exactly what you have said above as it shows you are serious and also that you want to protect sellers.
Hope you get a positive response and if you do could you come back and share it with us?
PS. Moderators are just trusted volunteers and our opinions are our own, not necessarily Fiverr’s so always check with Fiverr.


#19

The license is issued by the stock house and is backed by a huge insurance policy.
Some issue actual certificates. It is easy to confirm. When in doubt contact the Stock House.
Or don’t do the job.

That will not be your problem.

Your problem will be when a buyer gives you a sketch she/he copied. That person claims it’s their work. Getty with their scanning software, who is constantly scanning the internet, finds your art. The original art is not licensed and everyone associated with the work gets a huge bill. I repeat HUGE bill. Read cases on the internet.

The weird thing is a license is sooo cheap. As low as 33 cents each from the biggest stock house if you use a lot. Dumb not to get it.