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My account was flagged for using non-original or copyrighted work samples.


udeep7

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I am a professional designer on Fiverr since 2014. I used a design template and made some changes to upload the picture to my gig image. I have been flagged and restricted for "using non - original or copyrighted work examples". 
I explained the Fiverr support that the template is royalty free vector available on freepik website. I also sent them the premium licence I have to use the template, which clearly states that "you can alter and create derivative works. Also the layoutlicense-modern-three-steps-infographic-presentation-template-13514249 (1).pdflicense-modern-three-steps-infographic-presentation-template-13514249 (1) is of template but I edited the content according to my needs so it's not exactly same as the template. Could you please have a look into this and get it solved quicker? Here is my ticket no. #9155627. Any help is appreciated. Thanks in advance

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1 hour ago, udeep7 said:

I am a professional designer on Fiverr since 2014. I used a design template and made some changes to upload the picture to my gig image. I have been flagged and restricted for "using non - original or copyrighted work examples". 
I explained the Fiverr support that the template is royalty free vector available on freepik website. I also sent them the premium licence I have to use the template, which clearly states that "you can alter and create derivative works. Also the layoutlicense-modern-three-steps-infographic-presentation-template-13514249 (1).pdflicense-modern-three-steps-infographic-presentation-template-13514249 (1) is of template but I edited the content according to my needs so it's not exactly same as the template. Could you please have a look into this and get it solved quicker? Here is my ticket no. #9155627. Any help is appreciated. Thanks in advance

Question is when you made the changes, did you use your own work/uploaded your own work in the template or you used the template and made changes in the same template (no use of your own work)?

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First of all I have the premium license to use the template , alter or create derivatives. The text content was mine, the design was of template. The license I have clearly states that I can't sell the template but I can use it however i want. So i edited the text content and uploaded it. I made changes in the same template (no use of my design work, I only edited the text). License also attached

Quote

B.jpg

C.jpg

 

 

Edited by udeep7
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5 minutes ago, udeep7 said:

First of all I have the premium license to use the template , alter or create derivatives. The text content was mine, the design was of template. The license I have clearly states that I can't sell the template but I can use it however i want. So i edited the text content and uploaded it. I made changes in the same template. License also attached

It means you have used the same template, made changes (without using your own work) and uploaded it for your gig image. It would be better if you add your own work in the template and upload it. It's not about License.. 

You were trying to sell the template via Gig Image even it was not allowed. That might be reason! 

Only solution is like @filipdevaere suggested that Contact Customer Support for it! 

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1 hour ago, udeep7 said:

I am a professional designer on Fiverr since 2014. I used a design template and made some changes to upload the picture to my gig image. I have been flagged and restricted for "using non - original or copyrighted work examples". 

If you sell design services, your images have to be your own original work, not templates.

From the gig image guidelines: "In all Design categories, images must be original. In all other categories, confirm that you have permission to upload the image before doing so."

https://www.fiverr.com/support/articles/4410883326481-Gig-image-guidelines-Making-the-most-of-your-Gig-image

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7 minutes ago, udeep7 said:

Thanks for the info. Actually I uploaded the image to one of my gig which was not getting any order since past one year. Can it get my account permanently banned?

Still you have violated the rules of Fiverr's TOS..

Also, we have already guided you that Contact Customer Support for this purpose! We have no authority to check and let you know its outcome! So wait for their response (Customer Support's)

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I am just looking here for community's thoughts and similar experience. I have already mentioned the ticket no, so it defines that I have contacted CS. Also I know people here can't help with the CS decision, just looking for thoughts. Thanks

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2 hours ago, catwriter said:

If you sell design services, your images have to be your own original work, not templates.

From the gig image guidelines: "In all Design categories, images must be original. In all other categories, confirm that you have permission to upload the image before doing so."

https://www.fiverr.com/support/articles/4410883326481-Gig-image-guidelines-Making-the-most-of-your-Gig-image

Also regarding the link you sent me does not say about templates. It is about the images must be original, as said earlier i had edited the template, also put my name there in the image, used different fonts and icons with custom text instead of " Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s".

I checked the TOS page but It's no where defined how much to change a template to call it original. It a very grey area. I am not sure if my image was original or not technically.

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34 minutes ago, udeep7 said:

I am not sure if my image was original or not technically.

If you can't tell if your images are original, then don't offer the design for sale. This is advice that I use for myself as well. I am a writer, but I do also format and custom-design documents such as resumes and PowerPoint presentations from scratch. I avoid using premade templates made by others.

The designs that I do use are designs that I have created myself, from scratch. So I start with a blank canvas and add in each line, textbox, or shape. I don't use any premade templates unless it's a template that I created myself, from a blank canvas. I design mostly out of Word and PowerPoint and admit that I could probably have better designs if I used a template, but at least this way I know that the designs I create are original.

Edited by vickieito
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32 minutes ago, udeep7 said:

the link you sent me does not say about templates. It is about the images must be original, as said earlier i had edited the template

It does, if it’s a template then the image is not original anymore even if you edited it. 
If you are a designer then you should be able to design your own template for your gig images 

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2 minutes ago, mariashtelle1 said:

If you are a designer then you should be able to design your own template for your gig images 

If a non-designer like myself can make designs from scratch using non-Adobe software, a designer with better tools can definitely create their own designs.

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21 minutes ago, vickieito said:

If a non-designer like myself can make designs from scratch using non-Adobe software, a designer with better tools can definitely create their own designs.

I am pro designer at other platforms, I know designing from scratch. It was just a dead gig which did not have any orders in past 1 years, also 1-2 orders all time. suddenly i got a notification that it requires modification. So I edited a template design because it was dead gig and I did not care about the gig image. I just made sure it has something different from the template , also i had the license. My other gig images are completely made from scratch. I am not sure what got them to restrict my account instead just take the dead gig down, and give me my 1st warning.

Edited by udeep7
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25 minutes ago, mariashtelle1 said:

It does, if it’s a template then the image is not original anymore even if you edited it. 
If you are a designer then you should be able to design your own template for your gig images 

I am able to design the template, I sell them on envato as well. It was a dead gig with 1-2 orders (all time) 1 review , no order past 1 year. So i was not paying attention to that. It just got into required modification category , so I edited a template which I had a license of , and uploaded the gig image. In next 15 minutes the gig got denied. I was okay with that as I was myself thinking about deleting the gig. But after 15-20 days my account got restricted. That got me worried.

 

If they clearly state their definition of originality like " Templates & their derivatives can't be used for gig images" it would clear up the grey area that causes the confusion.

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5 hours ago, udeep7 said:

I used a design template and made some changes to upload the picture to my gig image. I have been flagged and restricted for "using non - original or copyrighted work examples". 

1 minute ago, udeep7 said:

In next 15 minutes the gig got denied. I was okay with that as I was myself thinking about deleting the gig. But after 15-20 days my account got restricted.

The gig may have been an automatic flag. However, if your account was restricted after 15-20 days, it looks like Fiverr may have found other reasons to put your account into "restricted mode." It takes them up to 90 days to make their final decisions and they can shut down accounts if they think the violation is serious enough (3 warnings are not necessary).

10 minutes ago, udeep7 said:

I am not sure what got them to restrict my account instead just take the dead gig down, and give me my 1st warning.

It looks like all of your gigs are now under review. So they must have seen something else in your other gigs. 

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31 minutes ago, vickieito said:

The gig may have been an automatic flag. However, if your account was restricted after 15-20 days, it looks like Fiverr may have found other reasons to put your account into "restricted mode." It takes them up to 90 days to make their final decisions and they can shut down accounts if they think the violation is serious enough (3 warnings are not necessary).

Thanks ! Could you please tell what violations are serious enough to shut the account down? I am sure that I have not violated anything apart from this. I am not well informed with this but I think : taking buyer outside the platform, Sharing payment methods other than fiverr, Asking for specific reviews, Taking VVRO, fake reviews to manipulate rating system, sharing contact details with buyers, low quality work, are the reasons for complete shut the account down. If there is no other violation done by me , can they still suspend my account for a gig image on a dead gig with license? 

 

 

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6 minutes ago, udeep7 said:

If there is no other violation done by me , can they still suspend my account for a gig image on a dead gig with license? 

Normally they would shut down the gig, not the account (which may or may not result in a warning). This usually doesn't trigger on a full account restriction. They would have to have seen something else to put your account in "restricted" mode. Unfortunately, I don't know what they saw.

9 minutes ago, udeep7 said:

Could you please tell what violations are serious enough to shut the account down?

All the things that you listed are good reasons to shut an account down. Also, if they saw widespread use of "non-original or copyrighted" materials. I just saw another seller yesterday who had 7 gigs shut down for this reason.

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3 minutes ago, vickieito said:

Normally they would shut down the gig, not the account (which may or may not result in a warning). This usually doesn't trigger on a full account restriction. They would have to have seen something else to put your account in "restricted" mode. Unfortunately, I don't know what they saw.

I have been a seller on Fiverr since 2014, I had neither received a single warning ever in 9 years nor I have violated any TOS. This is the first time which appears like TOS has been violated ( still not sure ). They can take 9 years instead of 90 days but still won't be able to find any violation apart from " Few months ago, I delivered an order with all the files when client wasn't responding & asked him to request modification (mentioning the order needed to be delivered due to deadline). 

Also send a message to my client after 12 hours of the order has been marked completed, just asking them to "check the notification bell icon to see if you have anything else to share about the delivery & my services". Just to make them aware about the private feedback. So they can rate me as per their satisfaction. 

 

If these violation can suspend my account, then I am speechless!

8 minutes ago, vickieito said:

All the things that you listed are good reasons to shut an account down. Also, if they saw widespread use of "non-original or copyrighted" materials. I just saw another seller yesterday who had 7 gigs shut down for this reason.

Nope this was just a single image. Not even a single non-original or copyrighted material they can find with my gigs. 

Actually legally I am not at fault in even this gig image case as I have the license, but as per Fiverr they have different criteria for the design category , so My case may fall under non-original thing. So it just their own rule otherwise the original owner of the template can't blame me. Lets see

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5 minutes ago, udeep7 said:

Actually legally I am not at fault in even this gig image case as I have the license, but as per Fiverr they have different criteria for the design category , so My case may fall under non-original thing. So it just their own rule otherwise the original owner of the template can't blame me. Lets see

Your account is restricted for 90 days. After 90 days, your account will either be reinstated or shut down. If you aren't at fault, then Fiverr should come to that conclusion, too, and your account will be reinstated. Otherwise, you'll get instructions to withdraw any earnings you have (before the account is fully shut down).

Edited by vickieito
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4 hours ago, udeep7 said:

Actually I uploaded the image to one of my gig which was not getting any order since past one year. Can it get my account permanently banned?

It might.

 

2 hours ago, udeep7 said:

Also regarding the link you sent me does not say about templates.

"Original" typically means made from scratch, not altering a template.

18 minutes ago, udeep7 said:

still won't be able to find any violation apart from " Few months ago, I delivered an order with all the files when client wasn't responding & asked him to request modification (mentioning the order needed to be delivered due to deadline). 

Have you delivered fully completed work? And if yes, why would you ask him to request modification?

19 minutes ago, udeep7 said:

I have been a seller on Fiverr since 2014, I had neither received a single warning ever in 9 years nor I have violated any TOS.

At the beginning of this year, thousands of accounts got restricted, often for violations committed years ago, when they were just starting out. They didn't get any prior warning, either.

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2 minutes ago, catwriter said:

Original" typically means made from scratch, not altering a template

That is not mentioned in the page. Anyway I agree to that but it wasn't specifically described in detail which can cause the grey area. 

 

3 minutes ago, catwriter said:

At the beginning of this year, thousands of accounts got restricted, often for violations committed years ago, when they were just starting out. They didn't get any prior warning, either.

I said I have not violated any TOS. Most of the accounts got banned in the beginning of the year were for taking buyers outside or fake reviews. 

 

4 minutes ago, catwriter said:

Have you delivered fully completed work? And if yes, why would you ask him to request modification?

Yes I had sent the complete delivery as per the last conversation with the buyer. I wrote please request revisions for further modifications if needed.

 

All of these, are serious violation? To get the account banned. 

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6 hours ago, udeep7 said:

I explained the Fiverr support that the template is royalty free vector available on freepik website. I also sent them the premium licence I have to use the template, which clearly states that "you can alter and create derivative works.

True, but that's not 100% YOUR work. 

When people see a sample, they automatically assume that everything is created by you. So, most likely someone reported you that you are using a template as a sample. 

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1 minute ago, donnovan86 said:

True, but that's not 100% YOUR work. 

When people see a sample, they automatically assume that everything is created by you. So, most likely someone reported you that you are using a template as a sample. 

I understand that so they got my gig denied in 15 minutes of publishing it. It only has 2 orders all time and no order since past around a year. It was a dead gig and didn't try to fix it when it got denied. After 2 weeks my account got restricted. That I didn't understand

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3 minutes ago, udeep7 said:

That is not mentioned in the page. Anyway I agree to that but it wasn't specifically described in detail which can cause the grey area. 

 

If it's a gray area you avoid it. But why would people come to Fiverr to work with someone that uses templates when they can use those on their own? They come here from original work.

Maybe your account survives this, and you should know that if you want to sell stuff, make sure it's yours and not created by others.

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