Fiverr Forum

Fiverr CS won't help unless you register copyright trademark etc staffs [SOLVED]


#1

My own designed image is used by some other seller as gig image without asking permission. When I reported CS including design creation date, where it is still live with my profile, design source file I’ve gotten horrible experience!

-Firstly the 1st agent said the design source file could not be original without checking!
-After couple of humble requests when they able to check the design source file, they are asking copyright trademark… all the staffs!

What an experience!!!

Dear designers, do you register your own designs copyright trademark etc?


#2

I’ll suggest you cooperate with them and yield to their request


#3

I tried, lastly gave up.


#5

Dear @vickiespencer, that’s not relevant with my case.


#8

It’s hard to say. Some make it habit but after a while it gets expensive. Was this image for a client? If so, you maybe able to get them to have it removed from said sellers gig.


#9

No, I used the image on different market as service image.


#10

How are you trying to contact them? Fiverr has both a DMCA email address and snail mail address.

I imagine you’ll have some of the same trouble proving it’s initially yours, though. Maybe if you have source files or something?


#11

@wooden_fish, I reported the gig first.

Then after couple of days opened a ticket. Then what happened I describe in my post as summery.

I provided the original design file layered PSD. But they have all excuses and lastly they need copyright trademark etc.


#12

What do you mean, “they need copyright, trademark, etc.”? I highly doubt trademarks are relevant to any of this. Maybe you don’t have a registered copyright, but you still own the rights to your original creative works.


#13

Even if an artist has rights to the original work someone can easily come up and make off with a replica without consequence. I’m guessing there have been so many reports on the matter that copyrights are the only way to prove ownership; which it isn’t but I’m guessing its makes processing a little easier. Would be nice if they had clear documentation on matters similar to these so that sellers can better prepare themselves.


#14





I respect all the sellers, and I have no serious problem to let the seller use my design but at least they could ask permission. And it feel very bad when CS don’t check the source file using proper software. I think the 1st CS agent tried to check the DropBox file in web-browser as it has a thumbnail view only of the PSD file in DropBox web-browser view.


#15

That may be the case. I’d throw the rest of the DMCA info at 'em and then hopefully it gets passed to someone who can actually verify your design. If this path doesn’t end up working out, you can take another approach and email it to DMCA@fiverr.com

They should be able to help you even if your copyright isn’t registered.

To avoid this in the future, you might want to put a small copyright notification on your gig images?


#16

They don’t usually ask for trademark, but it sounds like they do not believe that the file you have provided could be the source file. (I am not taking a side on this - just stating how I interpret their messages.) Given that they doubt your file, they’ve offered you an alternative which is to provide a trademark or other proof.

Perhaps it would be easier to use another gig image and go for a more standard high resolution. Keep your new hi-res source file in case you have a problem again. As wooden_fish suggested, you could add a small copyright notice to your new image as well. This fight might not be worth it when you could put all this energy into creating something even better. Good luck.


#17

Yes, they don’t usually care much to check carefully.

Anyway I’ve gotten conversion with the seller finally and informed CS the last update.

I’ll post the final result here.


#18

What would be the other proof @fonthaunt ?


#19

I don’t know, thus my suggestion to just move on and create something new. I’ve only had to fight a copyright issue like this once but mine was text. I had a copy of it posted on a personal website as well and the time/date stamps on that website seemed to satisfy them, so I suppose that was proof in my case. I’ve had one case on Etsy where I had to prove ownership of a photograph and I owned the original which was taken with a camera in the early 1900’s. It really depends on what the owner of the file has on record prior to the theft. I can’t guess at what some people might keep.


#20

I feel you are underestimating my property. I used hours to design that simple thing. How would you feel if somebody take your creative item without permission and you need to straggle that much to achieve attention/proof?


#21

I would be really upset and annoyed. It has happened to me. I’ve been the victim of PayPal chargebacks or cancellations and had buyers keep long documents that took me many hours to research and write. I have spent enough time to file DMCA claims against them but they haven’t always succeeded. (At least one did which was nice, but not all.) Even so, I just don’t spent a lot of time and energy on it once I’ve given it a best shot and decided that I would be spending my time more wisely to put more hours into new writing. I gave you the advice based on what I have done and of course, you can totally ignore my advice and pursue this any way you wish.

I’m not underestimating your work because I really can’t attach value to something I am not invested in. The resolution of the original sounds low compared to the image files I deal with, but I’m not a graphic designer and what you do is up to you. No matter what you do, i wish you the best of luck.


#22

600x375 is about right for a gig image, and if it never gets displayed larger than that, no point in making it larger than that.


#23

Could be. Like I mentioned, I’m not a designer. I do think that all artists improve constantly when they create new works, so even if there is no point in making something larger, it might be worth creating something new. :slight_smile:

Edited to add: The forum is a place for public discussion and response, so my comments are just offering my thoughts on the matter. The OP is encouraged to do whatever he wishes.