Tips to avoid copyright infringement(Graphic Design)

[maezma85]

7 minutes ago, visualstudios said:

Precisely. That being the case, it makes no sense for Fiverr to allow work to go on the portfolio by default. Yet they do. So, we have two options - either the TOS is written incorrectly, or Fiverr is breaking their own copyright rules on purpose.

I see! I think I owe you an apology because I did not understand what you meant and I made an incorrect interpretation of your message. In that case, being included in the TOS if they would be violating their own rules when they give you the option of a portfolio. In my country, moral rights cannot be assigned, sold or transferred in their entirety independently of the licenses.

[catwriter]

10 hours ago, visualstudios said:

You always retain the right to use it for portfolio reasons - otherwise Fiverr would not be allowed to automatically add it to your gig gallery

Buyer decides, when marking the order as complete, whether it's going to show in your live portfolio on Fiverr or not. If the buyer decides they don't want the work to be shown in the seller's live portfolio, all they need to do is uncheck the box on the delivery page. In other words, you don't always retain the rights to use it for portfolio reasons; you can only use it for portfolio reasons if the buyer allows it.

Quoting ToS here: "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. "

And here: "Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes."

[maezma85]

8 minutes ago, catwriter said:

Buyer decides, when marking the order as complete, whether it's going to show in your live portfolio on Fiverr or not. If the buyer decides they don't want the work to be shown in the seller's live portfolio, all they need to do is uncheck the box on the delivery page. In other words, you don't always retain the rights to use it for portfolio reasons; you can only use it for portfolio reasons if the buyer allows it.

Quoting ToS here: "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. "

And here: "Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes."

It is true what you say but it does not apply in the case of FIVERR PROs or TOP RATED SELLERS because they have an independent portfolio option. In addition, all of us who work with multimedia and / or graphic design have a portfolio of independent works. In any case, for a client to prevent someone from showing their work is something really unusual, there must be very few people who want to request that.

[visualstudios]

18 minutes ago, catwriter said:

including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes."

So, they don't get all "rights". They don't get the right for Fiverr not to use the materials, for one.

[catwriter]

11 minutes ago, maezma85 said:

It is true what you say but it does not apply in the case of FIVERR PROs or TOP RATED SELLERS because they have an independent portfolio option.

They have that option, but it's for works that were done outside of Fiverr.

12 minutes ago, maezma85 said:

In any case, for a client to prevent someone from showing their work is something really unusual, there must be very few people who want to request that.

It's not that unusual on Fiverr. There are buyers who want to keep things confidential (not to mention many, many resellers who don't want anyone to know that they have outsourced their work to Fiverr sellers).

[catwriter]

2 minutes ago, visualstudios said:

They don't get the right for Fiverr not to use the materials, for one.

They do get that right if they explicitly indicate otherwise.

[maezma85]

1 minute ago, catwriter said:

They have that option, but it's for works that were done outside of Fiverr.

It's not that unusual on Fiverr. There are buyers who want to keep things confidential (not to mention many, many resellers who don't want anyone to know that they have outsourced their work to Fiverr sellers).

Not necessarily, some sellers don't have jobs outside of Fiverr.

I guess I'm lucky then. No one ever hid my samples and that I have as a client a well-known politician from the USA. I also like to show my work in a separate portfolio because Fiverr tends to deform the images and enlarge them when you see them from the thumbnails.

[catwriter]

Just now, maezma85 said:

I guess I'm lucky then. No one ever hid my samples

You're definitely lucky, every now and then we get someone on the forum asking why their delivery isn't showing in their portfolio (and yes, they did turn the portfolio on) when their client was very happy with it.

[mariashtelle1]

I didn’t check precise wording but as I remember (I might be wrong) there should be a paragraph that fiverr reserves a right to use produced work for any marketing materials etc. And I assume that would cover displaying it on fiverr gigs too 

[maezma85]

5 minutes ago, mariashtelle1 said:

I didn’t check precise wording but as I remember (I might be wrong) there should be a paragraph that fiverr reserves a right to use produced work for any marketing materials etc. And I assume that would cover displaying it on fiverr gigs too 

HI Mari,

Yes, I have also read it but I do not remember exactly the exact words.

[moikchap]

I believe it's this section at the end of Ownership: 

"Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Fiverr, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Fiverr for no consideration for marketing and/or other purposes."

Not sure how to "indicate otherwise".

Edit: Might mean the checkbox buyer's have to include the delivery or not.

[catwriter]

14 hours ago, moikchap said:

Not sure how to "indicate otherwise".

Edit: Might mean the checkbox buyer's have to include the delivery or not.

It might mean the checkbox, and it might also mean contacting Customer Support and asking for something not to be included wherever (it's just my guess, based on the possibility to contact CS and ask them to remove the delivery from the seller's live portfolio if you forgot to uncheck the box).

[ms2468]

On 7/7/2021 at 5:41 AM, mariashtelle1 said:

I didn’t check precise wording but as I remember (I might be wrong) there should be a paragraph that fiverr reserves a right to use produced work for any marketing materials etc. And I assume that would cover displaying it on fiverr gigs too 

On 7/5/2021 at 10:15 PM, mariashtelle1 said:

 No, you can not. To sign those agreements you need to share names and address and contact details and that is not allowed on fiverr. On top of that all those points are covered by fiverr TOS. 

Hi, thank you for participating

there is no such limitation on Fiver,

I contacted Fiverr support team, the only limitation in Fiverr is you should not receive mony outside fiverr platform.

Please read the Tems and Condition as there is nothing in Tems and condition as you mentioned.

[mariashtelle1]

8 minutes ago, ms2468 said:

Please read the Tems and Condition as there is nothing in Tems and condition as you mentioned.

Well, there is and other person in this topic even posted exact wording but I’ll reattach a screenshot for you again from fiverr TOS. 
 

9 minutes ago, ms2468 said:

contacted Fiverr support team, the only limitation in Fiverr is you should not receive mony outside fiverr platform.

That’s not the only “limitation” and fiverr support would be copy pasting all pages of fiverr TOS in your ticket. In fact there are way more rules in fiverr TOS than just no payments outside of fiverr 🤷‍♀️ 
And that paragraph is not a “limitation” it’s part of the terms and conditions. 
and even “payments outside of fiverr” seems out of context for the original topic discussion that you created. 🤔
Anyway I’ll be curious to see what was the question you asked CS and what exactly the replied 

[ms2468]

1 hour ago, mariashtelle1 said:

Well, there is and other person in this topic even posted exact wording but I’ll reattach a screenshot for you again from fiverr TOS. 
 

That’s not the only “limitation” and fiverr support would be copy pasting all pages of fiverr TOS in your ticket. In fact there are way more rules in fiverr TOS than just no payments outside of fiverr 🤷‍♀️ 
And that paragraph is not a “limitation” it’s part of the terms and conditions. 
and even “payments outside of fiverr” seems out of context for the original topic discussion that you created. 🤔
Anyway I’ll be curious to see what was the question you asked CS and what exactly the replied 

Thank you for this, however I ment to quote your other post not this one.

 

the one you have mentiond:

"No, you can not. To sign those agreements you need to share names and address and contact details and that is not allowed on fiverr. On top of that all those points are covered by fiverr TOS."

 

there is nowhere in Fiverr TOS that ask people not to share or use their name or address. it is totally acceptable in Fiverr to have and shere your real personalty.

the only thing that is baned is to transfer money outside Fiverr platform. that is all.

 

[moikchap]

So, recently, I noticed a seller putting in a lot more effort than I expected for the price I was paying. That made me start looking back at what I bought, expecting to find a mis-understanding.

I found that in the gig description, they said it was Personal Use Only instead of flagging commercial use as not available. I looked through more of my past orders to see who else had done similar, and found a seller with an FAQ section that said Commercial License was not included. I didn't remember that FAQ section being there, so I contacted customer support to see if I could find out if the gig had always been that way or if the gig had since been changed.

They wouldn't tell me that. Changes to the gig are considered private. So there's at least one thing CS will back the seller's on.

So anyways, because the gig description is not saved to the order, I asked to be put through to legal, because I wanted to know the state of the agreement at the time I agreed to it..

They didn't put me through to legal. I got another CS response.

But, it contained an interesting clarification (emphasis mine):

"As per our guidelines upon the completion of the order, you have all the rights to the delivered material unless stated otherwise in the seller's Gig. What I mean by that is that if the seller has the Gig extra for commercial use, you would need to purchase it if you want this right upon the completion of the order. If it is not stated as a separate Gig extra then it is included in the service you paid for."

It looks like gig description is not considered to count for defining the parameters of an order; not part of the agreement. Judging by how many people add in their custom rights agreements to the gig description, many people may not be expecting this. The ToS says "unless clearly stated otherwise", and the layperson probably expects that writing it out is stating it clearly. There may be some legal philosophy which makes the order form the contract and not anything else.

[timothykoen]

Thanks for this info. I currently am working with a client who wants me to download images from the Internet and work with those. I asked him/her to send me the originals so that WE can protect ourselves from copyright infringement. I thought about redoing their logo and discovered it used a non-standard font. I do not know if it was a premium font or not but it looks like it. I then discovered their logo has been redone a couple of times already. I am close to discarding this project because the client doesn't seem to want to use legitimate wholly owned material. Being a new seller sucks because some people think a new seller can be taken advantage of. Now I always ask for original content and never work with downloaded from the Internet fonts, videos or images.

Update. After discussing the copyright infringement policy with my client, they agreed to supply me with the product and I could make my own images, for a small fee of course. All though the logo they supplied is low quality it is theirs and legitimate for me to use. So, I got the order and the work. YAY!! Off to work.

[timothykoen]

On 9/17/2021 at 10:34 AM, timothykoen said:

Update. After discussing the copyright infringement policy with my client, they agreed to supply me with the product and I could make my own images, for a small fee of course. All though the logo they supplied is low quality it is theirs and legitimate for me to use. So, I got the order and the work. YAY!! Off to work.

 

Update, project complete. The client did eventually send me a high quality original image of his logo. I did purchase his product and make my own product shots. Now, I am completely confident that there will NOT be any impending copyright infringements. Also, my client now has original product images and he can be completely confident that he won't get any copyright infringement suits. We are both very happy with the work done.

[tamanna14111986]

Some times client send sample from stock image and want exactly the same design . Is there any copy right issue on fiverr? And if I want to add the image on my gig portfolio and video, can I do this ? Thanks.

[creat1vepattern]

On 7/5/2021 at 7:15 PM, mariashtelle1 said:

all those points are covered by fiverr TOS

^ second this!

If I'm asked for external agreements, I generally either link Fiver's TOS or quote the section regarding intellectual property.