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Edits After a Project is Done by a Different Seller


s_faxon

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I have a client who is asking me to make revisions on a book cover project she had done with a different Fiverr seller. She’s tried several times to get in touch with her original Fiverr person, but they have not returned her messages. This client is on a deadline, so I’d like to help her, but I want to ensure that I can legally make the changes to her project without infringing on any copyright issues. The client does intend to acknowledge both of our efforts once the project is done. The question boils down to, is it allowed/legal by Fiverr standards to make edits to a different seller’s projects?

Thanks!

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Welcome to the Fiverr forums.

This is an interesting question. It depends on that other Seller’s contract with the Buyer and what was in that contract, but otherwise, based on the Terms of Service, it should be fine:

Ownership

Ownership and limitations: When purchasing a Gig on Fiverr, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

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No relating to any possible interest Fiverr may have and thinking Ms 7413 is correct above:

I would personally be sure that the other seller was out of the way. As in, the relationship was over and the work paid for. I would do that by asking and assuming, that unless the person said something that make me uncomfortable, that they were truthful.

Once I was comfortable, I would do the work but tread lightly so as not to go in like a whirlwind and undo all the things that the other person did - unless requested.

I try not to accept jobs where someone wants a Mix fixed or altered as unless I know the other person does good work, it will probably be a rat’s nest that takes a lot to a) understand b) unbreak, c) fix. Better to start again.

🙂

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It’s totally fine to do it. It’s not your responsibility to inquire about copyright of materials you receive. You are only responsible for the copyright of materials you source yourself.

If the client sends me something to work with, that’s up to him. I can’t be expected to know if something is under copyright or not. A client sends me raw video to edit. How can I know if they hold the rights to it or not? For all I know, they may have hired a camera operator to shoot it and never paid them, thereby not owning the footage. Or they may have gotten stock footage without the proper licenses, or pirated it from somewhere. It’s impossible for me to know - and it’s none of my business. Imagine you’re a mechanic. Somebody brings a car to your shop to fix. After you do, you find out the car was stolen. How is that your problem? It isn’t. Are you going to start demanding the car papers to every client? You are only responsible for the parts you put in yourself.

With that said, I avoid working on top of other people’s work. Not because of copyright reasons, but because I mistrust someone who had to come to me because the original seller “disappeared”. That’s a red flag.

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Depends on the changes required.

If they want watermark removal, it’s illegal. If it’s just a little tweaking of the color or changes in the name, it’s obvious why she wouldn’t want to hire the original seller. Or why the original seller wouldn’t want to muddle with a completed order.

In any case, if you decide to proceed with the order, make sure the design doesn’t appear on in your portfolio.

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