Images gigs rights

[sirouss]

Hello evry body
I want to know what fiverr relies on to know that an image or design is not original and decides to suspend a concert by a false signal from a customer who does not want to buy the rights to the image and wants at all costs do not display it. Is it professional from a platform like fiverr?

[yourbrandingpal]

So far as my understanding goes Fiverr takes action based on copyright claims (takedown notices) submitted by people, I don't think they have an automated system in place to detect copyright ownership, you can read more about it here:

https://help-pro.fiverr.com/hc/en-us/articles/16194127561745-Copyright-and-Intellectual-Property-Rights-

[sirouss]

thank you for your help yourbrandingpal 🙂

from what I have read it is the client who owns the rights to the image or design models and not the reverse it is like when you write a book and sell it to a client the client holds the copyright and not the author 🙂 it's ridiculous 

[yourbrandingpal]

10 minutes ago, sirouss said:

thank you for your help yourbrandingpal 🙂

from what I have read it is the client who owns the rights to the image or design models and not the reverse it is like when you write a book and sell it to a client the client holds the copyright and not the author 🙂 it's ridiculous 

Yes, but it also says this:

Who owns the copyright?
On the Fiverr platform, clients are granted all rights for the delivered work, unless otherwise specified by the freelancer on their Gig page.

It's the same in terms of service (https://www.fiverr.com/terms_of_service):

Ownership
Ownership and limitations: When purchasing a Gig on Fiverr, unless clearly stated otherwise on the Seller's Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

So, what I mean to say is that you DO have control over the extent to which you are transferring the rights.

Additionally, if a buyer gets a refund after order delivery, the ownership IS transferred back to you, and you do have the right to issue a DMCA takedown request in such cases to buyer's hosting platform or wherever they use your copyrighted work.

[yourbrandingpal]

I understand your frustration though, matters pertaining to copyrights can be complicated, that's why most companies don't get involved in a copyright dispute between two parties. I am saying this from experience. DMCA, counter DMCA which requires that you swear to your counter notice under penalty of perjury, it's all complicated. I think that's why companies don't get involved, because of the addon time and costs involved. 

[sirouss]

ok I understood thank you for the information I was not aware I think it should be mentioned before the publication of the gigs thank you again yourbrandingpal 🙂

[yourbrandingpal]

No worries 🙂 just check how your competition is doing it, that should give you some ideas as to how to implement it in your own gigs.

[sirouss]

I will do this thanks 😉 ❤️