Fiverr Forum

HELP A Fiverr seller is using the testimonial I ordered from her outside of Fiverr!


#1

I need some assistance from the Fiverr community on proving who is right or wrong. I ordered a testimonial gig from a seller here to use on YouTube. This seller has now used that very video outside of Fiverr to promote herself on youtube basically making my video lose credibility. Is she allowed to do that? Isn’t the work provided here strictly binned by the rules that it belongs solely to the buyer and not the seller, that the seller hands over any work or creatives without ownership? By all means this seller can use the video on Fiverr to show their portfolio, but outside Fiverr what is the point in getting a unique testimonial is this seller is going to spread it around?



Any feedback would be appreciated.


#2
musiclover said: it doesn't mean people will actually abide by it.


That was exactly my point, and in this instance Fiverr is just trying to pay lip service to the law. It's a 50/50 whether the OP will get any assistance from Fiverr. Like everything else here.

#3

So she is using it to promote her own work as in part of her portfolio? If so, there is nothing wrong with that.


#4

Hmmmm Let me look this up. I saw something recently on another thread about this.

I would be like saczko and quite upset having purchased a testimonial and the seller is promoting it basically as “fake” some where else.



#5

I make videos for clients as well as voiceovers, but I only add customer sales that are NOT like that to my portfolio AND I ALWAYS ASK PERMISSION FIRST NO MATTER WHAT.



Clearly she knows it’s wrong, because she didn’t ask. IMO, I think she should take it down, and make a video(s) herself on her own time to put in her portfolio. No one said the videos had to be from a client to make her look professional. I made a couple of my own advert videos for my voice over gig for my portfolio before I even started up the gig, just so people could have something to look at.



Testimonials are supposed to be true, because the buyer wants to know that what someone is telling them, is a personal experience and that they can expect simliar results. If she’s posting the video on youtube and his clients find it in the google video results when they’re looking for HIM, it can really ruin his business base.



On the opposite side - I purchased a ‘review’ of my fiverr gigs from a seller, my first purchase ever. In the video, the girl clearly stated that I HAD ASKED HER to do the review! The next 3 minutes out of her mouth we wasted. As soon as she said that,the video has lost all value. Did I message her and rail her for the mistake? No, I posted the video to my youtube, becuase she worked hard on it, and I really think she did an okay job aside from letting on that she was paid. It didn’t make a difference. So, I’m sure you guys can work it out. Maybe if it’s the way she’s titled it, ask her to change the title, there is nothing that says it HAS to be labeled as fake to be in her portfolio as being in her portfolio, kind of implies this…



Sorry for the book post! Kinda bored this morning. Have a great day!


#6

Sorry to break this to you, but using a clients work in portfolios is absolutely legal. Not only that, but common practice!


#7

Reply to @shore_marketing:

I have to say I agree that this whole things on dodgy ground. I think fivers statement might be breaking the law on restrictive trade and be unenforceable an example being if I were to sell you a used copy of microsoft office on fiverr, do fiverr seriously expect that the buyer then owns all of the rights to microsoft office and microsoft no longer owns any of the Software IPR? This is part of the T&C’s that simply cannot be enforced.

Google Adsense accounts are sold on fiverr, does this mean that they buyers own them instead of Google Adsense? Of course not.

This also leaves it open for sellers to sell something illegal and according to fiverr’s T&C’s the illegal item then becomes owned by the buyer. So does that mean the sellers not liable for an illegal item being sold?

Crazy and unenforceable


#8
gyoveg said: if I were to sell you a used copy of microsoft office on fiverr, do fiverr seriously expect that the buyer then owns all of the rights to microsoft office and microsoft no longer owns any of the Software IPR? This is part of the T&C's that simply cannot be enforced.
Google Adsense accounts are sold on fiverr, does this mean that they buyers own them instead of Google Adsense? Of course not.


Fiverr tries (and succeeds so far) to use the 'ignorance' excuse. ToS: "By offering a service, the seller undertakes that he has sufficient permissions, rights and/or licenses to provide, sell or resell the service that they offer on Fiverr."
and further: "We wish to remind that Fiverr.com's content is based on User Generated Content (UGC). Fiverr does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Reported violating content will be removed. Furthermore, Fiverr is not responsible for the content, quality or the level of service provided by the Sellers."

It's going to be hellacious when Fiverr finally gets big enough that Google or Microsoft (or whatever other 'big dog') decides that their lawyers need something to do. Basically no-one can just say "Yeah, we're going to provide you a platform to break the law, and actually encourage you to break the law so we get money, but if someone points out that you're breaking the law, we'll stop you from using our service. Maybe."

Passing legal responsibility to the users never works for long.

#9

I’ve learned that sometimes you can’t expect too much from people. People break rules, laws, and TOS all the time. No matter how bold it is, it doesn’t mean people will actually abide by it. How long ago was the order? First, try contacting the seller and telling her to remove the video from their youtube because its hurting your credibility. If that don’t work and its within 14 days of your order, try contact CS and see if they’ll refund your money so you can find another seller, because the video you ordered is now just a waste of money.


#10

Reply to @itsyourthing: Right.


#11
firehazardrav said: Testimonials are supposed to be true, because the buyer wants to know that what someone is telling them, is a personal experience and that they can expect simliar results. If she's posting the video on youtube and his clients find it in the google video results when they're looking for HIM, it can really ruin his business base.


I provide both authentic/natural reviews and scripted reviews, but I would NEVER promote myself outside of Fiverr using past work from buyers for this exact reason! Imagine if someone did that to your business, you can single handedly ruin someones entire creditability buy making the video they paid for searchable on platforms like YouTube. Not to mention, you'd ruin any change of that buyer coming back to you or referring you to people they know.

I'd contact her immediately and politely request she take it down. If that doesn't work I'd take the order number, and the link to Customer Service, see what they say and/or can do about it. They are well aware of the Terms of Service, and they don't tolerate users violating them.

Best of luck to you! :)

#12

"Passing legal responsibility to the users never works for long."



Really? Then how come Microsoft, and all the other major corporations that make billions off of illegal porn are still in business and not in jail? They provide the means and they profit from it.






#13

Reply to @itsyourthing: I could not agree with your points more! Cheers


#14

Maybe ask him or her to use your youtube link too? So you at least get views