Fiverr Forum

Seller sent me shutterstock img instead of original work

Hello everyone. This week I decided to place my first order and reading the seller ad it said he would design me a original logo and other assets( twitch related content ).
I agreed and paid to start the order, the seller send me some logo design to chose from and today I discovered that Original Logo he sent me is in reality a stock image from Shutterstock. I told the artist what I found and he told me he had rights to use that image and it would be ok. They can’t send me license docs or anything related. But the question is: he says original work and uses a stock image with a recolor.

How should I proceed in this case?

Thanks in advance.

4 Likes

That is not allowed. Licensing is tricky: even though he supposedly saying that he have rights to use it you don’t have them. If you are planning to use that image you also need to buy rights for that image. Your seller (if he indeed has rights to resell it which I highly doubt) bought rights only for himself to use it.
And even if he does have rights he still should consult with you first if you are ok for him to use stock image and purchase copyrights for yourself.

I would immediately report him to fiverr for using unoriginal content from shutterstock and not informing you that you would also need to get licence to use that image.

And the fact that he can’t even prove a purchase of that image only proves that he just stole an image. (Especially if it’s a cheap order)

8 Likes

I really appreciate you for taking the time to reply to me @mariashtelle1.
I opened a dispute with fiverr and hoping for the best.
Too bad experience for my first order. :crossed_fingers:

5 Likes

Is your seller also new or experienced? If seller is also new forgive him and warn him not to do same with anyone next time. He might give you free revisions and change your logo. If the order is canceled he will suffer in future.

PS: its my opinion you or anyone on forum may disagree. Thanks.

Even the seller has the right to use the stock image and can show you the docs, it doesn’t make the logo original. The term “original design” means something else.

1 Like

You should Cancel the order!!

RESTRICTIONS ON USE OF VISUAL CONTENT

YOU MAY NOT:

  • Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
  • Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
  • Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
  • Modify Visual Content designated “Editorial Use Only” in a manner that changes the context of what is depicted.
  • Use Visual Content designated “Editorial Use Only” (including, but not limited to, Editorial content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
  • Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
  • Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
  • Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
  • Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.

Read More here:
https://www.shutterstock.com/license

1 Like

I requested a cancellation but the seller didn’t accept and fiverr didn’t care. He did a original logo design after that, but after revisions it’s clear he doesn’t have the experience to do something original that look as good as the ones he displayed on his portfolio. I just accepted the deliver to stop wasting time on it, just had the first and probably the last experience on fiverrr.

Was it expensive?

And what was fiverr response from a support team?

have you contacted support and explained the situation?

This is really unlucky, and I’m sorry this was your first experience! I hope it doesn’t put you off ordering again. Most of us really are out here trying to do honest work!