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Would my revisions be downloadable?


dean_a_plus
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A buyer is requesting too much than what he originally bargained for before placing his order. He's too much of a perfectionist and it's driving me frustrated. I did several reviews for him and there's always something additional he wants. I'm thinking that I should just cancel his order.

But if I do so, would the revisions I left him be accessible to him? Because he could still have use for the work I've done even though he claims that it's not what he wanted. 

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19 minutes ago, dean_a_plus said:

A buyer is requesting too much than what he originally bargained for before placing his order. He's too much of a perfectionist and it's driving me frustrated. I did several reviews for him and there's always something additional he wants. I'm thinking that I should just cancel his order.

But if I do so, would the revisions I left him be accessible to him? Because he could still have use for the work I've done even though he claims that it's not what he wanted. 

I checked out a couple of orders I have with delivered files, where the order was later cancelled. I can still download the files from the original delivery.  

So yes. It seems your buyer will still have access to the files you've already sent, even if you cancel the order. Keep in mind that he has no right to use those files if he doesn't complete the order, as per the terms. You can make that crystal clear to the buyer by explaining that any use of the files after the order has been cancelled, is unlawful and violates the terms on Fiverr. Commercial rights are only given to a buyer once the order has been completed. 

Have you considered explaining to the buyer that additional revisions beyond the ones you include in the order, is extra? That way, you can make sure to get paid for your work. I once had a buyer who requested 9 revisions on an order that included 2. He had to pay for them, and he did. I ended up earning way more on that order than I originally thought. 

If the buyer is willing to pay for additional revisions, that's a far better option than cancelling, since cancellations will hurt your business. 

Hope this helps!

Edited by smashradio
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4 minutes ago, dean_a_plus said:

Actually, I decided to continue. But the next day (which is today), he's the one who now wants to cancel the order. Seeing as how you explained that he will still be able to download and have access to the revisions, I'm convinced that this was his plan all along to cancel and use his revisions for free. That's a scam if you ask me. Even though you mentioned the buyer has no rights to use those files, how will Fiverr know that he had violated those terms? He stated that he wanted me to make an instrumental version from a Japanese song so that he could do an English cover of it. So let's say he use one of my revisions and records his song then uploads it to YouTube, how will Fiverr know that he used it?

Yes, that would indeed be a scam, if he uses it or if this was his plan. Unfortunately, this is known to happen from time to time, and it's the reason why I refuse cancellation unless a buyer ordered by mistake or if they have good reason to cancel. I'll rather take the negative review in most cases, because I expect to get paid for my work. 

As to how you can detect and deter such illegal use of your artistic creations, you have a few options. If the buyer has given any indication of who they are (channel name, brand name, business and so on) you can use that to identify and periodically check up on the business to verify that they are not using your intellectual property without permission. This happened to me once, and I reached out to the business through my lawyer due to illegal use of a voice over that they refused to pay for. I was rather new at this back then, but I was determined to stop them. The result was that they had to take down the video with my voice and pay me 300% of my initial fee for the illegal use. 

Had they refused, I would have taken the matter to court (and most likely won). 

On platforms such as Youtube, you can also issue a DMCA claim if someone uses your music without your permission. At the moment of creation, it belongs to you as intellectual property. So you automatically own all rights, unless a contract says otherwise, and that contract is the Fiverr terms. 

Unfortunately, this takes some work. But at least it can make you feel better if the "buyer" is caught. 😄 

10 minutes ago, dean_a_plus said:

A follow up question, I've never cancelled my order before. So how will cancelling hurt my business? 

Any cancellation will affect your order completion rate. If that drops, your gigs become less visible on Fiverr. You might also get demoted from your current level if you have one, depending on what percentage of your orders are cancelled. The requirement is to complete at least 90% of your orders for 60 days. 

image.png.00be0e16eedf4054786e0c685d9fcd38.png

 

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6 hours ago, dean_a_plus said:

Hi again Smash Radio,

I contacted customer support regarding my issue and they stated that the buyer can use the sample/revisions even after cancellation. I'm not sure if that was a mistake. or I'm reading it wrong. Do you think perhaps he meant that buyers are able to download them?

 

I can only add to this by saying that Customer Support is wrong. Here are the terms: 

image.png.7878093870d737bd6486da0b7cad2fbe.png

This is a question of rights, not downloadability. Yes, the buyer can still download and use the files, but they would not have the right to do so unless they paid for it. 

It's right here, in the terms: https://www.fiverr.com/terms_of_service

In laymans terms, this means: The buyer gives the seller all rights to the delivery, but only if the gig is paid for. If it gets cancelled (for any reason), that does not happen and you keep the rights to the delivery. 

 

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Actually, I decided to continue. But the next day (which is today), he's the one who now wants to cancel the order. Seeing as how you explained that he will still be able to download and have access to the revisions, I'm convinced that this was his plan all along to cancel and use his revisions for free. That's a scam if you ask me. Even though you mentioned the buyer has no rights to use those files, how will Fiverr know that he had violated those terms? He stated that he wanted me to make an instrumental version from a Japanese song so that he could do an English cover of it. So let's say he use one of my revisions and records his song then uploads it to YouTube, how will Fiverr know that he used it?

A follow up question, I've never cancelled my order before. So how will cancelling hurt my business? 

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Yes exactly. Initially he stated that he wanted a remastered instrumental or a recreation. And I'm pretty sure a recreation is recreating something based of the original source but not necessarily accurate to the original.

After he placed his order and I sent him couple samples it's as if he's now saying he wants it exactly as how it was done in the original (and nothing else except that), which is a completely different argument. 

Therefore, I'm not going to cancel my order. I gave him great work, very quick service and I lost a lot of sleep working on his order. He's just too ungrateful and too much of perfectionist to be satisfied.

In terms of the negative impact which cancelling an order would pose on my account, I assume getting a negative review would rival with that. Most likely I'll get a negative review, but so be it. At least I'll get paid for the work I did

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On 7/4/2022 at 5:26 PM, smashradio said:

I checked out a couple of orders I have with delivered files, where the order was later cancelled. I can still download the files from the original delivery.  

So yes. It seems your buyer will still have access to the files you've already sent, even if you cancel the order. Keep in mind that he has no right to use those files if he doesn't complete the order, as per the terms. You can make that crystal clear to the buyer by explaining that any use of the files after the order has been cancelled, is unlawful and violates the terms on Fiverr. Commercial rights are only given to a buyer once the order has been completed. 

Have you considered explaining to the buyer that additional revisions beyond the ones you include in the order, is extra? That way, you can make sure to get paid for your work. I once had a buyer who requested 9 revisions on an order that included 2. He had to pay for them, and he did. I ended up earning way more on that order than I originally thought. 

If the buyer is willing to pay for additional revisions, that's a far better option than cancelling, since cancellations will hurt your business. 

Hope this helps!

Hi again Smash Radio,

I contacted customer support regarding my issue and they stated that the buyer can use the sample/revisions even after cancellation. I'm not sure if that was a mistake. or I'm reading it wrong. Do you think perhaps he meant that buyers are able to download them?

photo_2022-07-06_00-05-33.jpg

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