What should I do?


#1

I keep getting buyers who either ask to be partners or say they’ll be back for more. It bothers me to create something only to have someone else promote it, pass it off as their own, and make more money than me. I feel like if they’re going to resell my services, I should get more than just $4.



So my question is, what should I do when I know someone is trying to get me to create a prototype that they will promote and make money off? I created this service, so its my baby. I promote it on & offline, and I don’t want anyone else stealing my credit.



I have an buyer right now who sent me fake information to work with. I already messaged him back with my concerns, and I have a feeling he won’t take my refusal so well.


#2

From fiverr tos



Ownership and limitations (Legal stuff, yach…)



Ownership and limitations: unless clearly stated otherwise in the Gig description text, when the work is delivered, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller and the seller waives any and all moral rights therein. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, the seller agrees that unless he indicated otherwise in the Gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.


#3

Reply to @ozzieuk: Wow, didn’t know that. So if I add something like, “all rights are reserved to me. You may not sell, nor promote my work as your own.” Will that protect me?


#4

Reply to @madmoo: Well the buyer replied back with some lame excuse, saying he doesn’t like sending his personal information on the internet. In that case, he should’ve ordered my gig because that’s required for me to complete his order. Oh well, he accepted my mutual agreement. You’re right about putting buyers off, so maybe I won’t do that. I


#5

I don’t get what is your problem here? I do buy gigs here to build some bigger product by combining them (this is my organizational capital) and sell it to someone else. That is how I do my money, I outsource different people and develop something bigger. It is business, if I find a client who is willing to pay 5K for the same work that you do for 4 it is MY CLIENT - My relational capital that you don’t have! You don’t know what it takes me to get my client, how much time/money I spent to hook him. You do your business here and you agreed to get paid the amount stated in your gig. You can raise the price and that may affect the amount of your sales. But you definitely shouldn’t count money of other people. Most of gigs here fall under category - “work for hire” and as soon as it is done it become the intellectual property of the buyer (unless stated in the description, but again that may affect the number of sales you generate). Even more, the buyer may request (prior to order) that the delivered work should not appear in your portfolio, because after deal is done it is no longer yours!

In my life i developed a number of sites and applications, but more than half of them are under NDA, I am proud of the work I’ve done, but I can’t show it to anyone, since it is no longer my property - it was sold!!!

JFYI - it is not the rave ideas coming out of my head, I have a degree in HRM and Business Administration and I know what I am talking about! Don’t like someone stealing your credit - raise the price, or state it CLEARLY in your gig, or don’t sell your service.



BR,

Mike K.


#6

Reply to @kornilov: I can understand your point, and its definitely something to think about. I rather leave Fiverr than to allow that continue to happen. I’ll continue to promote offline and rank on google, and grow my entity separately from Fiverr. I know a lot about outsourcing, but if someone wants to be a so-called partner(that’s how they put it), then they’ll pay me as such, otherwise we can part ways. Thanks anyway for your comment. Good day!


#7

Reply to @musiclover: One thing I do is watermark, both visually and audibly.



For my music gigs, I have my “watermark voice” where I say "This is a demo from Hot Web Ideas. To remove this message, please purchase the gig ".



It sure works as you can imagine.


#8

Reply to @hotwebideas: A total genius. I never thought of something like that.


#9

Reply to @hotwebideas: Yes, I agree - that is a great idea.


#10

Reply to @hotwebideas: That’s a good idea. I was working on my company’s website and added watermarks to all images in my portfolio. I just gotta remember to add a watermark to every image I upload to fiverr’s live portfolio from now on.


#11
musiclover said: Reply to @hotwebideas: That's a good idea. I was working on my company's website and added watermarks to all images in my portfolio. I just gotta remember to add a watermark to every image I upload to fiverr's live portfolio from now on.


You don't need to remember that. Just hire one of the good PHP programmers you know on Fiverr who may have already written a program to add watermarks into images. ;)

#12

Reply to @gudwriter: Thanks! I appreciate that.


#13

For me with my family tree gig I am not providing anything that the buyer would not be able to do on their own, I just happen to have the ability to discern and discover new information. I hope my clients share the data I provide for them as it is about their family and history, it can only benefit everyone


#14

Those stupid spammy scammy buyers have to get up pretty early in the morning to pull the wool over MY eyes! My eyes are buried in my cotton pillows anyway, so I don’t see them :wink:


#15

Reply to @hotwebideas: PLUG! Lol. Sounds cool though.


#16

Is an NDA possible without a contract? (The e-sign act requires an e-mail, not sure how that could be done through fiverr without violating or using the tos, but I’mNoLawyer). Unless it’s stated in the job description you can also just say ‘no’ to his request to not put it in your portfolio. (And I would personally laugh at such a request, if I did things that were copyrightable).

http://www.copyright.gov/title17/92chap1.html

Section 106.



And the berne convention should have more…

http://en.wikipedia.org/wiki/Work_for_hire

with moral rights including the right of the actual creators to publicly identify themselves as such, and to maintain the integrity of their work.



What’s really funny is there’s one author on here I want to hire to do a job as a work for hire and he has the ‘I retain copyright’ in his work. I can’t give him my best ideas because of that and one of them is designed SPECIFICALLY to get him a job. XD The other one is designed to become a series and pays the author first, meaning that if my economics are right, based on other ‘succcessful’ authors, I will get, on average, $2(or less) and he will get, on average, $30(or less). It’s… not a very lucrative field. I also order $20 minimum, when I do order.



Standard Disclaimer: This does not constitute legal advice, I am not a lawyer, please consult one if you need actual legal advice (Especially on which clauses are relevant).

P.S. There are lawyers on fiverr.