Fiverr Community Forum

False copyrights infringements claim from buyer

Hi everyone,
About 1 week a ago I delivered some illustrations to buyer and he reports me for the copyright infringement and I am demoted from level 2 to level 1 although I have all the commercial rights to use those images I have all the license certificate for all the images. And buyer didn’t even bother to discuss the matter just report me right away. I am so much frustrated and demotivated.
Any suggestion I would highly appreciate.

4 Likes

Have you reached out to customer service explaining the same thing you just explained to us?

Also, I know you say you have the rights to use the images, but do those rights transfer to your buyer?

1 Like

Hello, If I have to be honest I would rather take buyers side. When you order illustartions to a professional illustrator you expect original work- not illustrations and characters from stock photos that you claim are yours. Also when you make an illustrator gig you need to agree that all work is yours and it is original which is not actually true.
I had a look on your illustrator Gigs and do you know how many illustrators on this website use the same characters like yours- a lot… Dont take me wrong, but if you can not actually draw find something else to do because its not fair for the buyers…

6 Likes

So, did you or did you not draw them yourself?

1 Like

Buyer ask me for personal use not for the commercial purpose and at the beginning of the conversation he didn’t ask for the commercial rights. When I have commercial rights and license certificates how I can’t sell them to anybody.

You are right some how but I didn’t use stock illustrations I paid for the commercial rights. As in the fiverr terms of services they didn’t mention anywhere that the seller can not sell the products for which they have commercial rights.

I purchased the illustrations with commercial rights.

Did you aware the buyer that the characters are not original and are not done from scratch?

Maybe the commercial rights are for your own usage and not for reselling to another person. Did you buy it here on fiverr with the fiverr’s commercial use license or from some stock website?

1 Like

Could you give me a link to the gig so I can check it out?

You said in your profile that you are illustrator and animator- why dont you draw the characters instead? When somebody is looking for professional services, the client expect original work… Its not professional to claim that you are illustrator … but at the same time to resell stock images…In that case your gi is misleading which is violation of Fiverr terms…

2 Likes

He didn’t ask and but reporting me For copyright infringement is it right although I have all the commercial rights to sell those illustrations.

Hm, not necessarily. If he owns the complete rights, even though someone else did the work. He can sell it here. TOS talk about copyrights infringement, not that you must deliver original work.
However I am for stating clearly what you will use when you make the offer or inside the gig description.

The images I used were not stock images

No that’s wrong- your gig is misleading and so is your profile. Even if you have a contract which allows you commercial rights, that doesn’t mean you can replicate and reuse that contract. That’s called fraud.

1 Like

In this case your gig is misleading…

All your characters on the gig are not original and I can prove it ![Screen Shot 2020-03-27 at 18.43.04|690x388](upload://85njU9QIs8nyChdbfVxYS7Wpg1m.jpeg

1 Like

His gig is clearly misleading because he claim - he is an illustrator…

Using other peoples work and calling it your own is fraud in the eye’s of the law unless you have a NDA. In the eyes of Fiverr TOS, it’s not allowed. It’s also the reselling of regulated goods.

I mostly told the clients what I am using mostly they were satisfied and bought my gig which are not satisfied I don’t sell them.