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False copyright infringement claim from buyer

zeeshanrajpo896

By zeeshanrajpo896
in My Fiverr Experience

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zeeshanrajpo896 Newbie

zeeshanrajpo896

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Hi everyone,
About 1 week a ago I delivered some illustrations to buyer and he reports me for the copyright infringement and I am demoted from level 2 to level 1 although I have all the commercial rights to use those images I have all the license certificate for all the images. And buyer didn’t even bother to discuss the matter just report me right away. I am so much frustrated and demotivated.
Any suggestion I would highly appreciate.

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design_ms Newbie

design_ms

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Hello, If I have to be honest I would rather take buyers side. When you order illustartions to a professional illustrator you expect original work- not illustrations and characters from stock photos that you claim are yours. Also when you make an illustrator gig you need to agree that all work is yours and it is original which is not actually true.
I had a look on your illustrator Gigs and do you know how many illustrators on this website use the same characters like yours- a lot… Dont take me wrong, but if you can not actually draw find something else to do because its not fair for the buyers…

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jake_hopkins Contributor

jake_hopkins

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Hi everyone,

About 1 week a ago I delivered some illustrations to buyer and he reports me for the copyright infringement and I am demoted from level 2 to level 1 although I have all the commercial rights to use those images I have all the license certificate for all the images. And buyer didn’t even bother to discuss the matter just report me right away. I am so much frustrated and demotivated.

Any suggestion I would highly appreciate.

although I have all the commercial rights to use those images I have all the license certificate for all the images

So, did you or did you not draw them yourself?

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zeeshanrajpo896 Newbie

zeeshanrajpo896

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Have you reached out to customer service explaining the same thing you just explained to us?

Also, I know you say you have the rights to use the images, but do those rights transfer to your buyer?

Buyer ask me for personal use not for the commercial purpose and at the beginning of the conversation he didn’t ask for the commercial rights. When I have commercial rights and license certificates how I can’t sell them to anybody.

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zeeshanrajpo896 Newbie

zeeshanrajpo896

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Hello, If I have to be honest I would rather take buyers side. When you order illustartions to a professional illustrator you expect original work- not illustrations and characters from stock photos that you claim are yours. Also when you make an illustrator gig you need to agree that all work is yours and it is original which is not actually true.

I had a look on your illustrator Gigs and do you know how many illustrators on this website use the same characters like yours- a lot… Dont take me wrong, but if you can not actually draw find something else to do because its not fair for the buyers…

You are right some how but I didn’t use stock illustrations I paid for the commercial rights. As in the fiverr terms of services they didn’t mention anywhere that the seller can not sell the products for which they have commercial rights.

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audioboon Apprentice

audioboon

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I purchased the illustrations with commercial rights.

I purchased the illustrations with commercial rights.

Maybe the commercial rights are for your own usage and not for reselling to another person. Did you buy it here on fiverr with the fiverr’s commercial use license or from some stock website?

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design_ms Newbie

design_ms

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You said in your profile that you are illustrator and animator- why dont you draw the characters instead? When somebody is looking for professional services, the client expect original work… Its not professional to claim that you are illustrator … but at the same time to resell stock images…In that case your gi is misleading which is violation of Fiverr terms…

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audioboon Apprentice

audioboon

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You said in your profile that you are illustrator and animator- why dont you draw the characters instead? When somebody is looking for professional services, the client expect original work… Its not professional to claim that you are illustrator … but at the same time to resell stock images…In that case your gi is misleading which is violation of Fiverr terms…

You said in your profile that you are illustrator and animator- why dont you draw the characters instead? When somebody is looking for professional services, the client expect original work… Its not professional to claim that you are illustrator … but at the same time to resell stock images…In that case your gi is misleading which is violation of Fiverr terms…

Hm, not necessarily. If he owns the complete rights, even though someone else did the work. He can sell it here. TOS talk about copyrights infringement, not that you must deliver original work.

However I am for stating clearly what you will use when you make the offer or inside the gig description.

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zeeshanrajpo896 Newbie

zeeshanrajpo896

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You said in your profile that you are illustrator and animator- why dont you draw the characters instead? When somebody is looking for professional services, the client expect original work… Its not professional to claim that you are illustrator … but at the same time to resell stock images…In that case your gi is misleading which is violation of Fiverr terms…

The images I used were not stock images

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jake_hopkins Contributor

jake_hopkins

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He didn’t ask and but reporting me For copyright infringement is it right although I have all the commercial rights to sell those illustrations.

He didn’t ask and but reporting me For copyright infringement is it right although I have all the commercial rights to sell those illustrations.

No that’s wrong- your gig is misleading and so is your profile. Even if you have a contract which allows you commercial rights, that doesn’t mean you can replicate and reuse that contract. That’s called fraud.

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design_ms Newbie

design_ms

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You said in your profile that you are illustrator and animator- why dont you draw the characters instead? When somebody is looking for professional services, the client expect original work… Its not professional to claim that you are illustrator … but at the same time to resell stock images…In that case your gi is misleading which is violation of Fiverr terms…

Hm, not necessarily. If he owns the complete rights, even though someone else did the work. He can sell it here. TOS talk about copyrights infringement, not that you must deliver original work.

However I am for stating clearly what you will use when you make the offer or inside the gig description.

His gig is clearly misleading because he claim - he is an illustrator…

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jake_hopkins Contributor

jake_hopkins

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On 3/27/2020 at 2:47 PM, audioboon said:

Hm, not necessarily. If he owns the complete rights, even though someone else did the work. He can sell it here. TOS talk about copyrights infringement, not that you must deliver original work.

Using other peoples work and calling it your own is fraud in the eye’s of the law unless you have a NDA. In the eyes of Fiverr TOS, it’s not allowed. It’s also the reselling of regulated goods. 

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zeeshanrajpo896 Newbie

zeeshanrajpo896

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All your characters on the gig are not original and I can prove it ![screen Shot 2020-03-27 at 18.43.04|690x388](upload://85njU9QIs8nyChdbfVxYS7Wpg1m.jpeg

I mostly told the clients what I am using mostly they were satisfied and bought my gig which are not satisfied I don’t sell them.

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audioboon Apprentice

audioboon

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On 3/27/2020 at 2:54 PM, jake_hopkins said:

in the eye’s of the law unless you have a NDA. In the eyes of Fiverr TOS, it’s not allowed.

It is not that clear in the ToS. Fiverr says all work is considered as “work for hire” by the US Law unless otherwise stated. If he bought something that is under “work for hire” rule, he can resell because he owns all the rights. It depends what the seller stated in the order. So basically he can resell it as his own.

Work for hire

The only protection we have as creators is to sell or include in the order the COmmercial Use License, in which case, the seller continue to own the work. But if there is no mentioning of commercial use license, it is considered “work for hire”. If he bought it with commercial use license, he cannot resell.

In short, always mention commercial use license in your orders, even if you are giving it for free. 

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design_ms Newbie

design_ms

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On 3/27/2020 at 3:20 PM, audioboon said:

It is not that clear in the ToS. Fiverr says all work is considered as “work for hire” by the US Law unless otherwise stated. If he bought something that is under “work for hire” rule, he can resell because he owns all the rights. It depends what the seller stated in the order. So basically he can resell it as his own.

Work for hire

The only protection we have as creators is to sell or include in the order the COmmercial Use License, in which case, the seller continue to own the work. But if there is no mentioning of commercial use license, it is considered “work for hire”. If he bought it with commercial use license, he cannot resell.

In short, always mention commercial use license in your orders, even if you are giving it for free.

Its still misleading , because his gig says- doesnt state `that he is actually using stock images and if I am a buyer and I am looking for illustrator to create original work for me I will get really frustrated if another 1000000 people have the same/ almost the same characters…

Good luck to you Zeeshanrajpo896! 

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audioboon Apprentice

audioboon

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Its still misleading , because his gig says- doesnt state `that he is actually using stock images and if I am a buyer and I am looking for illustrator to create original work for me I will get really frustrated if another 1000000 people have the same/ almost the same characters…

Good luck to you Zeeshanrajpo896!

I agree on that. Its is very appropriate to mention that in the gig description. But he can resell work from other creator under certain conditions, unfortunately, even though I am completely against it as well. 😦

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