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Question about legal issues / copyright for sellers?


rjbdesign

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Hello

I have a question about who might get problems copyright / legal wise?

For example: a buyer requests a certain design. As a seller / designer you create the design as requested and send it to the buyer - gig closed with best of knowledge (as a designer you do not copy other ideas, it’s all in your brain).

In this case either the buyer tells you what he/she wants and sends some kind of example with the order or he/she discusses the design idea with you (you as the designer come up with some ideas yourself).

The world is big, the internet even bigger. So who is copyright wise responsible for the design if for instance the buyer sells products with it? I guess it is almost impossible not to hit another idea made somewhere else on the planet, even if this is not your intention.

Is this solely in the hands of the buyer or could the seller made responsible some time later too, although he/she did everything with best of knowledge?

Thanks for your help.
With best regards.

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The one who uses the logo or design is the one responsible.

The copyright passes on to the end user of the design according to fiverr’s terms of service.

Thanks for your answer.

So basically the designer / creator works to his/her best knowledge and after providing the buyer with the finished product he/she is responsible!? That is good to know.

Do you have a link to the specific part of Fiverrs terms or know in which paragraph this is mentioned? I have gone through the terms again, but might have read over it. Thanks.

With best regards!

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If the buyer gets sued because your design is too similar to something else, or if your design causes them to lose money (for example, they’ve already spent money on printing various materials, and then someone points out that they can’t use it because it’s too similar to something else), that buyer could try to file a lawsuit against you (unlikely to actually happen, with international law and everything), and/or complain to Customer Support that the design they’ve received from you is plagiarized.

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Thanks for your answer.

So basically the designer / creator works to his/her best knowledge and after providing the buyer with the finished product he/she is responsible!? That is good to know.

Do you have a link to the specific part of Fiverrs terms or know in which paragraph this is mentioned? I have gone through the terms again, but might have read over it. Thanks.

With best regards!

I am sure you can find it yourself. It may not use the word copyright but all work is given go the buyer to use as they want.

Designers aren’t held responsible for logos that may be similar to other ones. Of course it’s up to each court room to decide each individual case.

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I’ve only designed one logo for a business that I kept the copyright to, and that was about 10 years ago. I will never do it again because there is so much rampant plagiarism going on these days.

Lets say you give the client exclusive rights to use the logo you designed, but you as the designer keep the copyright. Then, if someone comes along and decides that they want to lift the logo and use it, what happens then? Does that become your legal problem and expense because you own the copyright?

I think is makes way more sense to sell the full copyright and ownership of the logo to the client, and they can deal with any issues that come up after that. Plus, I’m not sure that very many companies these days will be up for not owning their corporate logo

outright.

from https://www.designmantic.com/blog/who-owns-the-logo/

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