Jump to content

False copyrights infringements claim from buyer


Recommended Posts

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.

  • Like 4
Link to comment
Share on other sites

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…

  • Like 6
Link to comment
Share on other sites

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?

  • Like 1
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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?

  • Like 1
Link to comment
Share on other sites

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…

  • Like 2
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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.

  • Like 1
Link to comment
Share on other sites

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…

Link to comment
Share on other sites

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.

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

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.

en.wikipedia.org

Work for hire

In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term (17 U.S.C. § 101), so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person...

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.

  • Like 1
Link to comment
Share on other sites

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.

en.wikipedia.org

Work for hire

In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term (17 U.S.C. § 101), so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person...

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.

God bless you so much you are awesome.

:raising_hand_man:t2:

Link to comment
Share on other sites

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.

en.wikipedia.org

Work for hire

In the copyright law of the United States, a work made for hire (work for hire or WFH) is a work subject to copyright that is created by an employee as part of his or her job, or some limited types of works for which all parties agree in writing to the WFH designation. Work for hire is a statutorily defined term (17 U.S.C. § 101), so a work for hire is not created merely because parties to an agreement state that the work is a work for hire. It is an exception to the general rule that the person...

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!

  • Like 2
Link to comment
Share on other sites

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
 Share

×
×
  • Create New...