Fiverr Forum

Does this constitute as copyright infringement?


#1

This is pretty much a gray area guys. I know there are people doing it and to be honest I am a bit confused about what constitutes as “copyright infringement” and what exactly fiverr does about it or if it differs from location to location.



Let’s say you have a logo, a layout, a drawing, a design, an article, a video template or even audio that you got from the internet. Then you recreate it almost exactly from scratch with some edits here and there (you essentially have the source file now which you created from scratch). Then you sell this. Does that still constitute as copyright infringement? Or do you now have the rights to the particular recreation?



Looking forward to your feedback guys. Thanks!


#2
gwendy730 said: This is pretty much a gray area guys

Not quite a grey area.

gwendy730 said: what exactly fiverr does about it

Fiverr is passive. It only acts upon DMCA takedown notices or requests from copyright owners.

gwendy730 said: if it differs from location to location

Copyright laws do differ from country to country.

gwendy730 said: Then you recreate it almost exactly from scratch with some edits here and there.... Then you sell it.

Not a fair use. It's a commercial use. Basically the recreation violates copyrights as a substantial proportion of the original is used.
Consult a lawyer if you need concrete legal advice.

#3

Copyright law is pretty complicated, but, most of the time, what you are describing is indeed copyright infringement.


#4

Does that still constitute as copyright infringement? Or do you now have the rights to the particular recreation?



Yes, that is copyright infringement and you do not have the rights to that particular recreation.



In order for you to have the rights, it MUST be modified and changed by a significant percentage. This is from the US government copyright office:



http://copyright.gov/help/faq/faq-register.html#change



How much do I have to change in my own work to make a new claim of copyright?



You may make a new claim in your work if the changes are substantial and creative, something more than just editorial changes or minor changes. This would qualify as a new derivative work. For instance, simply making spelling corrections throughout a work does not warrant a new registration, but adding an additional chapter would. See Circular 14, Copyright Registration in Derivative Works and Compilations, for further information.



So your minor edits, and recreating a copy from scratch do not seem like it would count and it would be copyright infringement. Do not do it. Create your own original work and sell it.



U.S. Copyright Office

http://copyright.gov




#5

Hmm thanks guys. I’m pretty cautious about this and quite curious since I’m seeing a number of designs that are pretty much the same from seller to seller. Thanks for the input!


#6

Is what you are suggesting any different to perhaps being a expert painter and doing “your” painting of the mona lisa, just like the original, but deciding you want her to have blonde hair, so that then means you can say its your art because you’ve changed it?



Ethically I don’t believe creating your own source file from someone elses design work and then tweaking it so it is not the same, is OK, regardless of whether you are talented enough to create your own source files, but sadly seems to be felt to be an OK way of getting around copyright, or claiming it is your own work, in so many industries…


#7

Reply to @gwendy730: One reason you see a lot of designs that look the same is because it is not uncommon for sellers on Fiverr to attempt scams. Some steal work from other sellers and others steal work from Google images or wherever else they find it. It isn’t that uncommon to see a logo graphic copied exactly from the original with the only change being the business name. As @willpower_hk said, Fiverr generally takes a passive stance on it unless there is a complaint.



Of course, Fiverr’s stance doesn’t make doing it legal or ethical for sellers to do it. Buyers who find out they’ve purchased copied material aren’t going to be a bit happy either.