Fiverr Forum

Do YOU think this is a copyright issue?


#1

I see sellers posting their completed work frequently - in one of two places - either on the gig “video” or “picture” area, or posted alongside the review of the client who purchased the item.

I don’t want to look up any Fiverr rules (yet), but my recollection is that if I have someone create something for me on Fiverr, the copyright is mine. (I would never purchase something where I gave up the rights.)

Ok, I had to find out, so I looked it up!! :relaxed:

Who Owns the Copyright?

On the Fiverr platform, buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Gig page
https://support.fiverr.com/hc/en-us/articles/204827497-Copyright-and-Intellectual-Property-Rights

So there you have it!

When a person owns a copyright, their work can only be used/posted with permission. (Unless Fiverr has another policy? Please tell me if they do!)

I have had my own items posted by the seller on the gig or review page. At no time has any Fiverr seller ever asked me for permission to do this.

I find myself now being very careful of who I order from for certain items - so if they have items posted in either location, I move on and look for a seller who does NOT post them. There are some items, that it really doesn’t matter that much… but I believe it is still wrong for the seller to do.

I get the impression that Fiverr does not really care - because so many people do this. It is a big turn off to buyers who are concerned about copyright issues, and I believe many sellers may lose business because of this without even being aware. I am guessing that Fiverr, as a whole, loses business and reputation because this is done so frequently.

Please note that I have never mentioned this to any seller (yet). I just avoid ordering from them.

What thoughts do you have on this?

Thanks! :slight_smile:


#3

I’m not sure I understand as I’ve never ordered something but…

Fiverr itself asks you for permission whether to allow the delivered work to show up in the seller’s gallery, no? I’m genuinely curious as I don’t know how this process looks on your end. Are you saying that if you decline this, the seller still goes ahead and posts it? Because… Fiverr does not grant me space to do this. 1 video, 3 images per gig is what I can put up.

Case in point & from a recent order where the buyer decided to not tick the “send to idostuff74’s portfolio” box: I made something I’d like potential buyers to see and know about. I’m not going to use the exact same thing (with the client’s text to make a gig of) but what I developed for the task at hand is mine. Please anyone correct me if I’m wrong.


#4

Ok, so in this situation, you are saying the copyright is not mine?

Example: I have a logo made for my website, that is specific for that site. I give the instructions, the colors, etc…, and I have signed nothing that says the copyright belongs to the seller (and it is not mentioned in the gig), you are saying that the seller owns the copyright?


#6

I have never seen a send to portfolio choice when I have accepted work on Fiverr. That is news to me… I would love it if there were a choice, because IF I click on such a box, that is pretty much “giving permission”. Again, I have never seen it…:confused:


#7

As soon as any seller (whether they charge for commercial use or not) makes a delivery, all copyright is transfered to the buyer.

However, if a seller has themselves used copyright infringed media to create your work, you yourself can still be liable for copyright infringement if the original creator of your media discovers that you are using it.

Of course, this is a grey area in itself. However, with certain media creations like animated videos and videograpy, buyers can ask for proof of necessary software licences and source files.


#8

When someone commissions work on this site, according to Fiverr (and all sites/businesses in the US at least) it belongs to the buyer - not the seller - unless otherwise specified. (I have never specified otherwise.)

Fiverr seems to be abide by the US copyright laws (overall).


#10

From the link you shared:

Who Owns the Copyright?
On the Fiverr platform, buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Gig page.

Note: Some Gigs charge additional payments (through Gig Extras) for commercial use.

This means that if you purchase the Gig for personal use, you will own all rights to the delivered work without purchasing the Extra. If you intend to use it for business purposes, you will need to buy the Extra. Fiverr retains the right to use all published delivered works for Fiverr marketing and promotion purposes. If you have more questions, visit our complete Terms of Service.

With regard to the images being used on the seller’s profile, at the time of delivery you have the option to allow the image be used in their portfolio or not. By default it is allowed, you need to untick it if you don’t want it there.
Personally I think if someone has paid for it to be done, then paid extra for commercial use, I would like to be paid if the seller uses it to promote themselves - but that’s just me.


#11

As Eoin said, you can act or deactivate.


#12

Cyaxrex, I believe what you said is exactly right. :slight_smile:


#13

I obviously have some research to do. I will do so and I will come back and post what I find out. :slight_smile:
Thanks for showing me this!!!


#14

@ravenccs You are correct that the rights are yours if there is no mention on the gig page about the need to purchase commercial rights or any other rights.

The portfolio is definitely a different matter. Fiverr gives sellers the option to turn on the live portfolio and sellers are encouraged to do so. It isn’t considered a violation of the copyright since the buyer always has the option to deactivate the display. @gina_riley2 posted an excellent screen shot above that shows how to do it.

If a seller tries to display something you’ve purchased in another way, you can always notify Customer Support that you did not authorize it and would like it removed. I don’t know of a buyer that has done that, so I’m not sure what happens. Other than those limited specifications that you linked in your OP, Fiverr doesn’t get involved in the copyright issue much. I think others have also given you good advice, but I wanted to be sure this part was clear. :slight_smile:


#15

I really don’t recall ever seeing anything that gave me a choice. I will do more research on this.

I have never agreed to anything that took away my copyright… I really can’t imagine why anyone would do that, unless they don’t understand what they are giving up.

I think if a seller uses a buyer’s property to get sales, the property owner should be paid. That is what copyright is all about.
(I can’t see that happening here though, and I am not inclined to make a “thing” of it, I just want to be the one to make the decision as to whether used.)

Again, I have never seen that “box” to check. However, I will do some research on all of this. This feedback on the thread has helped pinpoint what I need to find out. :relaxed:


#16

I have to say that it is not obvious initially but the option is there, as Gina showed in the screenshot.

Allowing it be shown in a portfolio is not giving up copyright, it is just allowing them to showcase it as their design, not their property. Regarding getting paid for it; I actually don’t mind except where I have to pay extra for the commercial license. Then I think it is a bit rich for the seller to expect me to “license” them to use it for free when they are using it for commercial purposes! That is probably more to do with my general irritation at commercial license fees for original commissions but that’s not going to change, on Fiverr or anywhere else.
Still, if it is someone I like, who is exceptionally talented or I use regularly, I don’t mind either if it helps them out a bit.


#17

Actually, after looking at a rate and review page on my account, I did notice that you have to push the picture of what you have purchased to deactivate it. There is no other indication anywhere that you are allowing the seller to use this for his/her own purposes. I think there should be a caption or some sort of indicator other then a green check mark in the logo/pic you had created.

So if you forget to “un-check” the box, how do you undo that once it’s submitted? Do you contact customer service?

Thanks!


#18

The short answer is “Yes.”

Not that long ago when we had the option to modify reviews up to certain # of days, we could go back and unchecked it. Now, once review is submitted, you can’t change it without a dispute or CS getting involved.