It doesn’t matter what they do or say, they are all breaking the law. If a seller on Videohive sells a video template for $20 but stipulates that it can not be sold commercially, anyone selling that template on Fiverr is breaking the law.
Sadly, Fiverr has really shot itself in the foot with this issue now, as despite numerous takedown requests, sellers who have had gigs removed have been allowed to simply list these again using the exact same stolen material. Worse than that, there are now several sellers every day listing the exact same stolen templates.
Put simply. Videohive says “Oi Fiverr, get rid of these 100 people selling our stuff illegally.” Fiverr then says “Mmhh Okay.” Then 6 months later there are 300 people selling the same stolen material and Fiverr simply stops answering the phone.
The big issue, though, is that you’re not talking about Facebook or Amazon here getting annoyed with a few people selling fake likes. Your talking about lots of individual professional design studios who sell through places like Videohive who are now starting to get very very angry. In like regard, you’re not just talking about the original creators of video work, you are also talking about people who have created music scores for videos, meaning that every time a single stolen video is sold on Fiverr, you have 3 separate copyright infringements happen at once. - The video creator, the music artist, and the owners of Videohive.
There is a lot of anger about this issue and it’s starting to get quite a lot of attention, especially since Fiverr started trying to present itself as the place for Pro quality services.