Help for taking down Gigs using Envato templates

[rickyloca]

Hi!

my name is Ricky and I've been producing timelapses, motion graphics and AE templates on Videohive for almost a decade.
I've recently joined Fiverr and to my surprise I've discovered that like 90% of Logo Animation are coming from Videohive templates.
I've also found 3 GIGs that use my templates and there's nothing in the description that talks about licensing and stuff, they simply treat the templates as their own.

I've contacted one seller explaining the situation and he put the Gig on hold, but then it started saying things like " I created the project" "Everyone can create project like this" "I didn't buy it" "I can teach you how to use After Effects" and some other nosense stuff.

I also contacted support in order to get some info for a DMCA but they are asking me for a copyright registration number which I obviously don't have because items on Videohive are copyrighted by default...still waiting for their response.

Anyone have any experience with this?

Thanks for the help!

Ricky







 

[smashradio]

DId you read this page? It has lots of info on submitting a DMCA: https://www.fiverr.com/intellectual-property

I'm sure Videohive have some form of confirmation/certificate or proof you can get? Have you tried asking Videohive about it? They might have some additional info for you on the matter. 

When it comes to Envato – are the templates available on Envato Elements? Because, as I've understood it, all they need to use a template from there in a client project, is to download it specifically for that project. 

Just so you know you're within your rights on this (and I think you are, since I highly doubt they have licensed it once per project anyway). If it's not a part of Elements, you're most definitely within your rights, since they then have to purchase the correct license as a one-time fee, rather than a monthly "download all you want"-fee. 

[rickyloca]

Thanks for your reply!
Yes I had a look at that page, I have all the info I need except the registration number, but I've already contacted Envato to see what I can do..probably a link to the item page on VH should be enough.

My items are available on both VH and EE.
I hope I won't ruin the party here, but none of them allow a one-time download 😅

On VH with each licence you can create 1 end product, https://videohive.net/licenses/standard

on EE on-demand services are not permitter as per tos https://elements.envato.com/license-terms

and here are the info about copyright on Envato https://help.author.envato.com/hc/en-us/articles/360000471966-Copyright-101
Basically everything you find on Envato market is copyrighted.

The correct GIG would be" I will customize logo intros from Envato with proper licensing"
In this case they would make it clear that they DO NOT own the template, and that they would transfer the license to their customers, every time, for every GIG.

They should also make it clear the they will not transfer the copyright to buyers because they are using assets from third-parties..

That's the right way to do it!

Instead they all act like they created or own the items, no licesing at all, removed audiojungle watermark from preview.....seriously, it's a snowball of illegality.

A DMCA shouldn't even be necessary because, copyright apart,  it's a license breach...very simple.
Is the seller using a template from Envato? YES

Does the seller own the template? NO
Is the seller transferring the license to their buyers (stating it in the description)? NO
License breach, GIG taken down.

It really should be that simple!!

 In the meantime the seller has put my Logo Reveal back for sale...
Is it ok to post links here on the forum or it goes against the ToS?

This is really embarassing 🤣

Thanks again!
Ciao

 

[samus_x]

First of all hi rickyloca 👋 it's good to see new (talkative) faces here

If your concern goes through and the upper levels will agree with your request I believe half (if not more) of the video editing category will blow-up 🤯 templates are the building blocks of almost every video editor around here.

 

[rickyloca]

Hi Samus!

Thanks for your welcoming! 😁

To be honest I'm really having a hard time even with Fiverr support, I can't have a proper conversation with anyone, they only send me the same copy&paste answer with all the details I need to fill a DMCA report.

Unfortunately, Fiverr has a very very bad reputation on Envato and now I'm starting to understand why...it's a pity because this is a place with a lot of genuine and very talented people, but the whole system seems to not really care about doing a serious business...

I understand templates are the building block of a lot of editor, but there's the good way and the bad way of doing things... And no one here talk about licensing.

In this case a DMCA shouldn't even be necessary because those GIGs go against A LOT of Fiverr ToS!!

Does anybody know what happen when I report a Gig or a Seller?
I mean, can I write the reasons why I report it or not?

I'll probably try to go the way around and list all the TOS infringments.

User Generated Content

"By uploading to, or creating content on, the Fiverr platform, you represent and warrant that you own or have obtained all rights, 
licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use
 thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection 
or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and 
conventions; and/or (c) violate any of your or third party’s policies and/or terms of service."

A- Items on Videohive are subject to copyright by default as stated in their Tos https://help.market.envato.com/hc/en-us/articles/202500454-Copyright-101
Seller must prove to buyers he owns the copyright of the assets he uses.
If seller can not prove he owns the assets, he must write in GIG description he CAN NOT provide intellectual property to buyers.
C - Seller must provide to buyers a valid license of the assets he uses from third parties (videohive or elements)

"By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell 
the service that is offered on Fiverr. [...] Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, 
as applicable, and may lead to the suspension of Seller's account."

Seller's GIG is based on following item which is sold on Envato Elements and Videohive:
Link1

Link2

On Videohive with each licence you can create 1 end product, https://videohive.net/licenses/standard

On Elements on-demand services are not permitted as per tos https://elements.envato.com/license-terms

-Seller MUST prove to buyers he has the license to use the item from Envato.
-If buyers do not receive a license from the seller, it's illegal and against Fiverr Tos.

GIGS

"Illegal or Fraudulent services"
-Seller is not providing adequate details about the regulated assets he uses in his GIG

"Gigs misleading to Buyers or others"
-Seller is not stating in his description that he's using a template available on VH and EE.
-In the preview, the Audiojungle watermark has been removed, which is misleading to buyers.
-Seller should provide the Gig in the "Video Template editing" section and call the gig properly " I will edit templates from Envato and provide
 a license"
-Failing to do so is misleading to buyers and illegal.

"Reselling of regulated goods"
- Seller in not providing to buyers the license of the asset he uses from Envato, which is a regulated good.

 

"Devil is in the details" they said...