Fiverr Forum

Property Rights to Logo


#1

I purchased the design of a logo through Fiverr. We began to use the logo on our billboards, stationary, web sites, paper products, etc. Our solicitor told us that we need the artist to sign a release form saying we own our logo. Now the artist refuses and I’m out thousands of Euros for a logo I can’t register simply because the Fiverr artist I paid won’t sign a release. I’ve offered to pay - but he refuses and now claims that he is not allowed to give me his name or address (required for the legal release assigning me rights to my own logo) because Fiverr will not permit it!



How do I solve this problem? Had anyone made known that I would not have rights to work I paid for I would NEVER have used Fiverr!!!


#2

This is an anonymous site. Buyers and Sellers aren’t allowed to exchange personal info. This is written in the Terms of Service that you accepted when you signed up on the site.

However, you might contact Customer Support and ask them if they can solve your problem somehow. Maybe they give permission to the seller to sign that release.


#3

Fiverr’s Terms of Service state that you own all the rights after you pay for the work. Could proof of payment serve as the proof that you own the logo?


#4

Catwriter is correct. Unless otherwise stated in the gig description, all works created on Fiverr are considered the property of whoever purchased them.

Point out the Fiverr Terms of Service to your solicitor.


#5

The problem is that the EU requires a specific form to be signed, regardless of the terms of service, one ought to be able to get a release signed without violated the terms of service. If I own the logo as per the Terms of Service, the Seller should not withhold his signature and cause me loss.


#6

fantasticflavou, I’d take the logo you legally purchased to a local designer and have them tweek it and have them sign a legal release assigning you the rights to your logo.
That should satisfy your solicitor (attorney)



#7

I recently got permission from Fiverr to sign a NDA form. So to anybody who is facing issues please make sure to bring your case to Fiverr support and see if you get the permission as well . It’s probably a case by case decision, but it does not hurt to ask :wink:


#8

So, let’s see if I understand your problem correctly:
You purchased a logo some time ago from Fiverr, and used it in your business. Now, another company has stolen that logo and you need to prove that it was yours.

If your problem is that, have you thought that it may be the other way round? Could it be that your Fiverr seller stole the logo from that other business and sold it to you?

I only mention this because it’s something that could happen, and you might want to eliminate that possibility before spending more time/money trying to prove that your logo is yours.


#9

What I really don’t understand is how people buy something that is so important on Fiverr.
I think Fiverr is great, but not for everything.

Even if the seller would sign that release, what’s the real value in Europe of a paper signed by somebody from, let’s say Bangladesh, which hasn’t any agreement with the EU regarding e-commerce?
I mean, anybody could pay anyone from the other side of the world to sign a fake release, and no court is going to go find that guy and check if the release was or wasn’t fake.

Certain things are better done locally and not in a global anonymous marketplace as Fiverr.


#10
sincere18 said: Is the payment receipt you paid to Fiverr along with a copy of their Temrs of Service that clearly states you the seller own the rights, not enough?
I don't know how this legal stuff works in the US, but in the EU a receipt is different from an invoice. A receipt only proves that you made a payment, and it has limited legal value.

An invoice, however, is a more complete document that has to contain certain data such as VAT applied, breakdown of the products/services invoiced, tax data of the issuer and buyer, and so on.

I’m not sure of the validity of a receipt/invoice issued by Fiverr; as a matter of fact, I don’t even know if Fiverr issues those documents.


#11

Reply to @fantasticflavou: Well, if EU requires a form for some of the things you are doing, that is kind of one of those busienss lessons you have to learn the hard way, having bought a logo first without knowing the rules of what you would need in order to use it in certain places.

And it is against the ToS for anyone to give you their personal name, so I do not understand why you are not understanding that part of the ToS. This has nothing to do with the seller withholding their signature, they are not allowed to do that because of Fiverr rules. Did you write to Fivver customer support to ask them about this? Maybe Fiverr can give you some kind of paperwork that you can use?

I am curious to know, since you already started using your logo in all places, what place were you trying to use it that someone said you now need a release form? And what does a solicitor do?


#12

Reply to @blackbear368: fantastic idea


#13

Reply to @blackbear368: If I did that - my rights would only start from the time the new logo was created. The issue is another business is trying to pass themselves off as me by hijacking my logo - its costing my business thousands - I’ve got thousands wrapped up in print, advertising, etc.- and I’m screwed. Instead of try to create work - arounds it seems that anyone who buys from Fiverr will want to know they actually have the ability to exercise rights for property they paid for. Its simple - Fiverr can ask the seller to cooperate or ban them for refusing to cooperate in allowing someone who purchased something to obtain their rights.


#14

Reply to @annai80: Thank you


#15

Reply to @sincere18: Because someone has hijacked my logo to confuse customers to buy their product based on my quality, success, etc. If this service cannot give people clear rights - it needs to declare the same before point of sale - regardless of their terms of service.


#16

Reply to @belengarcia: We are talking about thousands of euros - I need to resolve it.


#17

Reply to @fantasticflavou:

fantasticflavou said: Fiverr can ask the seller to cooperate or ban them for refusing to cooperate

Fiverr bans sellers who share their personal contact information with buyers.


#18

Reply to @fantasticflavou: I have seen alot of people doing good on fiverr using clipart stock and coprighted designs which is disapointing but hey they keep their income flowing. Like belengarcia said, are you sure it is not the other way around ? maybe the company you claim stole your logo is the rightful owner of that design ?

can we have a look at the design maybe some of us would recognize it or can research some more on your behalf.


#19

Reply to @radugeorgescu: no, but many logo designers use template systems, pretty standard stuff from one person to the next.

Also, I did not think this as an issue about a stolen logo but rather just that they are needing to do more public stuff with a logo and need proper release forms for copyright issues from the artist.


#20

Reply to @belengarcia: I kind of agree with you on that. I like Fiverr too for many things, but for really important business matters I am not sure I would be comfortable. I would want to know the actual name and contact info of a freelancer I was using, especially if I knew I was using something that would require me to own proper rights and possibly be questioned about it.

Is the payment receipt you paid to Fiverr along with a copy of their Temrs of Service that clearly states you the seller own the rights, not enough?