I have just had my first order come through, however after some issue and the buyer getting a little irritable they have cancelled their order. However, I have now sent them music that I had recorded, is their any course of action should they release said music without my permission and of course I would like to use the music myself for a personal release now that it cannot be used on fiverr. Thanks to all that can help
Did you request that they do not use the music now that they have cancelled the order?
It sounds like you got scammed.
You just gave someone something for nothing.
I would suggest you put something in your Gig that states cancellation of an order forfeits use of any music sent prior to cancellation…or something like that.
From the ToS:
“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.”
However there is no chance to basically know if the user is using your work illegally or not.
Could you site the source page for me please? I only ask this ad im planning to use the material soon so should anything be sent against myself for use of the track I can provide this statement alongside the evidence that shows my having sent it to him and I also have versions of the same material available that predate his possession of such material. Thanks again, this response has been really helpful and I hope to defend my work from being misused.
I did not place this in my profile, however I am aware that this has been stated but did not become aware of such until afterwards. I may have found something in their terms of service that works in my favour however so I hope to protect my work. I will know better for the future now though.
Music has some sense of exemption from that overall TOS rule about ownership. You should always specify who will own what in your Gig. Generally, if you supply a bass part you cannot own the song. Technically you can claim co-composition but this gets hard to manage so in these places, unless you compose the whole song and have a publishing company or similar, best to just hand it all over.
In this case, if the person did not pay, they have no legal right to use anything you sent them. One would assume that if they canceled, that they dislike the work so it is for the bin but you are right to worry as too many here will cancel jobs right after they got what they wanted.
What you can do is harder. If you note that they have used that work, you can tell Fiverr CS and demand payment (seeing they let this happen on their watch and claim to support sellers) but honestly, I expect they will tell you nothing and do less. You can contact YouTube etc and demand a takedown which may well happen if you can prove that you did this work and were not paid or credited. Again, expect less than fair outcomes as the thief may just lie then target you.
I wish I could be more confident but I have just been burned by someone claiming to be a Pro muso who was not a lot better.
You really have to make people understand that you work on Time & Experience not likefulness. As in you get paid for your Session, and so long as it is not bad work for the budget they should not cancel or complain. Sadly this is not the mindset that Fiverr and many other places propagate so people will think they only have to pay you if they like what you did. I can tell you that if someone tried that on Keith Richards, they’d need a new nose. It should be no different for us yet, this is Fiverr.