Fiverr Forum

False Copyright Infringement Claim!

Hey, I’m having a weird issue and am wondering if anyone has experience with such a thing!

I do singing/songwriting on Fiverr and I delivered an original song to a buyer a few weeks ago. I just got a notification today that the order was cancelled due to copyright infringement and that if something like this happens again my account will be deleted! The problem is it was my own original song!

My gig clearly states that the buyer needs to send me their instrumental and then I will deliver original vocals, which is exactly what I did. I make it clear that I only do vocals and lyrics. I have the original vocal files I recorded and everything.

I tried messaging Fiverr customer support about this but I seem to be just getting copy & pasted answers like:

“We received a copyright complaint regarding your delivery. As stated in our Terms of Service, by offering a service, you undertake that you have sufficient permissions, rights and/or licenses to provide, sell or resell the service that you offer on Fiverr. After your order was reviewed by our Trust & Safety Team, it was cancelled for violating the copyrights of another party. We have zero tolerance for copyright violations. The next report we receive will lead to the permanent disabling of your Fiverr account.”

And then when I ask how this is possible since it’s my own original work and I have proof:

“Unfortunately due to our Privacy Policy we cannot disclose that information.”

So I’m just like “???” I made an original song and have proof, but Fiverr is telling me I stole it from somewhere? They won’t show me proof that it was “stolen” and they don’t seem interested in my evidence that it’s my own original work… This is really concerning, because if something like this can happen, I wonder if any of my work is safe on Fiverr? Can anyone try to place a copyright on my work after I deliver it and then get a refund and have me accused of stealing?

This is just really strange and I’m wondering if anyone has any advice or experience with this. I’m pretty upset and confused right now :cry:

5 Likes

Perhaps the claim was made against the musical strains of your song. Or, perhaps you used background music that was not your own. Or, perhaps even more likely, the instrumental that your client sent you was infringing upon someone else’s copyright, and you, unknowingly using that infringing instrumental, were breaking the law.

In short, it the music sounded near identical to another existing song or composition, the owner of that other song/composition could file a copyright infringement claim.

In addition, you have to be very careful with lyrics, because there are many songs already out in the world, and if your lyrics sound like those of an existing song, the owner of that song could file an infringement claim against you as well.

Now, keep in mind, I have no idea why the infringement claim was made, I’m just offering ideas as to why it might have been made. Songwriters are extremely protective of their material, and other work that comes out later, and sounds like it, could concern them.

I can say, though, Fiverr is correct, they cannot provide an exact reason, because that would be a privacy issue, and it could cause strife as an angry seller might choose to go after the person who made the legitimate claim. And, as far as I am aware, Fiverr takes claims like that very seriously. They don’t accept the claim unless it is a valid, provable issue.

2 Likes

As Jon said, this would be the first problem. If the buyer didn’t send you 100% original instrumental music, your delivery could easily have been flagged. In a case where you are agreeing to modify the buyer’s attachment, it’s on you to make sure that what you deliver back is original. I have the same issue with my rewriting gig. Most of the time buyer’s do not send me original articles to rewrite. I have to rewrite them from scratch and change 80-90% of the content to get it to pass as original.

With lyrics, I don’t know if there is a way you can check them yourself. When I do a rewrite of a piece, I check my own work with Copyscape. Since it’s a rewrite and passages can sound similar, sometimes the first run finds a couple of issues. I have to rewrite those again and check them. It takes me longer to rewrite than it does to just write my own material. If you write your own lyrics and then sing them to the tune the buyer sends, you might need to see if you can check your own writing against online databases.

1 Like

I don’t sell instrumentals though, so I don’t think it would matter for me if they provided an instrumental they didn’t have the full rights to? I was told that I was selling copyrighted material, but I only sell my singing. I don’t sell the background music at all and I don’t provide it.

1 Like

I don’t deliver full songs though, I only deliver the vocals. I only ever claim to sell vocals, so I don’t see how the instrumental would have anything to do with my order since I’m not selling any instrumentals? Does that make sense? I don’t see how I can verify that the buyers own the copyrights to the instrumentals they send me - I can only be sure that I own the copyrights to everything I deliver.

Do you sing with the buyer’s file as a background? If so, Fiverr sees your delivery as one product. I don’t know how you can check it, but there must be some way to run searches on audio clips.

1 Like

I am about to be offline for now, but if you can’t check the buyer’s file somehow, you’ll have to deliver something that is guaranteed original. Maybe you can sing a track that matches the buyer file, then deliver just that track and leave it up to the buyer to overlay it or hire someone else to do so.

I send an mp3 demo so they have an idea of what my voice sounds like with their instrumental, but my actual delivery is my vocals separate from the music. I don’t do mixing/mastering or provide final songs.

Edit:spelling

1 Like

So, if you write the lyrics and all they get is you singing your original lyrics this would fine. The lyrics will also have to be original, so you’ll have to write them or otherwise source them yourself.

As a writer, if someone sent me the words that were written by the author of a novel, I can’t send them an mp3 of me reading the other writer’s words.

1 Like

Of course, my lyrics are definitely original. Pop music tends to have lots of similarities, but I can google my lyrics and nothing comes up. They aren’t copied from anywhere.

My gig clear states that I only deliver vocals/lyrics and I don’t provide instrumentals or mixing/mastering or full songs. My vocals/lyrics are always 100% my creations and those are all I deliver so that’s why this isn’t making sense to me. I’m thinking either it’s a false claim or there was a misunderstanding and Fiverr thinks I’m trying to sell the instrumental as well or something?

Could be. The wording in your gig might be part of the issue if you always send your mp3 of original lyrics. Maybe you should change up the description and send Support the new version to ask if it clears. Right now it says:

“How it works: You send me a demo of the song, the lyrics and the instrumental, and then I send you back an MP3 demo and my raw acapella vocals.”

This sounds like your buyer sends you song, lyrics, instrumental and you have no way of knowing the copyrights and you send back a raw acapella vocal based on their (possibly protected) lyrics. If that isn’t right, you might need to re-do that.

Maybe others in the music category will chime in. I’m off to sleep but good luck.

That’s the description for a different gig of mine where they do actually send me their own song and I just sing it. For that gig I don’t claim to be creating the songs - they are sending songs and I’m singing them. I’ve never had an issue with that gig. The issue is with my other gig, my songwriting gig, where they only send their instrumental and I send back my original lyrics and melody.

Thanks for your input so far, I’m off to bed as well.

I am not mentioning a seller’s name. He had a same issue like yourss. he contact the resolution centre.
But what was the result you know. They removed the gig. :frowning:
Apparently a great loss.

1 Like

Send the vocals only in the delivery, and then send the mixed/mashed/final edit in the inbox or after delivery in the messaging so it can’t be seen in your portfolio and random people can’t see/access the final edit.

Also, ALWAYS vet the buyer and ask them specifically… ‘Is this your ORIGINAL track?’

It will save you the stress and aggravation down the line. Keep doing your thing! :slight_smile:

1 Like