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Seller has disappeared - What are my options?

Hi Fiverr community,

I’ve completed numerous orders on Fiverr, and most go without a hitch. The ones that haven’t, I’ve been able to resolve mutually with the respective sellers. However, I’m in a situation currently and I’m unsure of what my options are to proceed.

I purchased a gig from a seller offering to create a logo for my Esports community. We agreed on a concept and the artist delivered a few different versions 3 days late. We discussed basic revisions and I placed a second order to have social media GFX made along with the final version of the logo. I requested revision on the logo gig and accepted the custom offer for the social media graphics. The second gig was only meant to be a 24 hour gig. Fast forward to today, and the initial gig is 2 weeks late, while the second is a week late.

I know that I can force a cancelation for both gigs, but my issue is that I want to move forward with the logo concept. Given that the rights to the works aren’t transferred to the buyer until the gig is complete, I don’t understand if I’m within my rights to take the logo concept to another artist that will actually respond on time to have it be finalized. My current artist hasn’t even been online in 2 days and hasn’t responded for 6. I need the branding finalized for a business venture as soon as possible, as it was expected a week ago.

If anyone could offer insight on how best to handle this I’d greatly appreciate it.

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Hello, sorry you had this happen!

I think that’s a legal question about who owns the rights to what you’ve gotten so far. I’m not sure anyone on the forum is qualified as an attorney to answer that.

You could ask customer support what they think of this.

I’m not qualified as a lawyer to give any legal advice but as long as you paid for what you got and do not cancel the order you may be the legal owner. That’s a guess from a layman and shouldn’t be taken as legal advice.

I think you can only do that if the seller allows it (basically, if he gives his rights away as an apology for being so late). Still, as @misscrystal said, it’s best to ask CS about it. You can also ask for their help (just make sure to tell them that you don’t want to cancel the order, and are asking them to message the seller on your behalf; if the seller gets an official message from CS, he might take it more seriously).

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I think the fact that payment was made and the logo was delivered in a final delivery, the OP owns the rights to it.

Ownership was transferred.

As far as I know, this completes the contract and the OP takes ownership at that point. There isn’t a need for a formal statement that the designer is transferring ownership. He did that when he delivered the logos.

It’s still in revision I think. Both orders are late.
The rights don’t really go to the buyer until an order is complete. If it might not complete the buyer can’t use the work given. If the orders are cancelled the OP can’t use the work given without permission from the seller.

Not until it’s status is complete (if the delivery hasn’t been accepted (status changed to complete) the buyer won’t be paid for it until x days after it has been).

Thanks for the responses guys. For clarity, both gigs are still active. One is in revision, one hasn’t produced any deliverables at all yet. I’d like to complete the initial gig, but the deliverables aren’t in a usable state. That is to say, the logo wasn’t delivered in a PNG file format with a transparent background. That’d mean I’d need someone to work on what I have before I’d even have the chance to use it. I’d basically have to pay for the same concept twice.

I’ll reach out to customer service and see what their response is. Ultimately I just want to pay for the finished product.

I think you need to withdraw that revision request so it’s a completed transaction. Customer support will give a more definite answer. I don’t think there is much point in continuing to hope the seller will show up.

The issue there, of course, being that I willingly pay for an incomplete gig, and then have to pay another artist to fix it, and then pay for the rights again if the artist chooses to charge for it. What a mess.

You own the rights to the logo he delivered. The fact that he is unreachable now, or that it’s not in a certain format, makes no difference. Just complete the order by letting it complete. He obviously can’t be counted on to come back or do anything more.

Make sure you tell customer support NOT to cancel the order.

I suppose this makes the most sense. Complete the order, gain ownership of the design, and find someone to create the social media GFX and deliver a PNG version of the logo. Thanks for the advice. I’ll still have the discussion with CS.

Only when it’s complete. Not currently.

From the terms of service:

Unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights…

The seller won’t be paid unless it goes into the complete state so the buyer doesn’t currently own the rights to the delivery because the “subject to payment” part hasn’t been fulfilled.

If he delivered a .psd version of the logo with the logo on a separate layer (edit: or a vector version, eg. .ai) it should be possible to export a .png version with transparent background from that. If the delivery is accepted/completes.

Agreed. This, and your post below, are the route I’ll take. I appreciate all the help from everyone in the thread.

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