frank_d

I think the title should be edited because it implies a racial issue but that’s not the case here. What the OP is dealing with here is an unfortunate byproduct of all the scamming that used to take place before the ID verification system. People from all over the world were sporting a US flag and male sellers tried to pass off as blondes with mini skirts. So now Fiverr straight up compares official documents and location and a mismatch is not allowed. However I do think there’s a chance they would listen to reason as they do ask sellers who plan on relocating to inform fiverr staff beforehand, so there must be provisions in place for that sort of thing (manual actions need to be taken vs the ban which seems to be automated)

That’s funny because reading the ToS is actually a prerequisite if you want to sell on this platform.

Thank you for noticing. I am always trying to catch every little detail for two reasons: A) being 100% transparent and forward when communicating with a client is a must, as it helps move things along, promotes trust and leaves no room for misunderstandings. (It’s always best to proactively explain things -me stating why there’s a buyout fee- vs being asked after just dropping a price on the table) B) I have had a few teaching moments back when I was a level 2 seller that made me appreciate having things on the record more.

They might think they know what work for hire means. However, this does not mean you have to deliver source files unless you explicitly say you do in your gig. Whenever I get asked for source files, I simply say no, followed by something like: "I do not provide source files (nor say I do in my gig), as I have my own video style which is made possible by using several propriety and opensource Linux media applications, As a result, even if I were to deliver source files, you would not be able to make use of these without first investing in several different software applications." Your buyers don’t know what your creative process is. In this case, they can’t really expect you to deliver source files, unless you explicitly say you do. Of course, this can’t help your current situation. My response was fairly similar and I offered a buyout option at 50% the original value. That’s the current market rate. That’s when they promptly directed me to Fiverr’s ToS. I also explained work for hire means I relinquish all rights to the delivered work and since I was hired to make an mp4, we are done. That’s when they started mentioning their legal team. (I of course mentioned contacting my lawyer to double check that I am not misinterpreting the law well before that message)

Well that’s what baffles me: Fiverr is forcing all sellers to abide by the work for hire act and at the same time it allows us to distinguish between transferable rights by encouraging us (certain categories anyway) to add gig extras for commercial rights, broadcast rights etc.

That’s not up to debate: by delivering you are immediately and automatically transferring all ownership to the buyer.

This is a delicate situation. The client messaged me asking for the source files. When I quoted them on what it costs to get them, and why I need to charge extra, all they did was send me a link to Fiverr’s ToS, with a message that encouraged me to read the specific “work-under-hire” paragraph. So this tells me two things: -they don’t want to keep paying me as they feel there’s no value added -they have either done that before or have iron clad contracts for all freelancer hires They definitely know what work-for-hire means. So yeah, buyers will always try to get what they want, and will interpret ToS as they see fit. I’m waiting to hear from their legal team, which is going to be a completely different interpretation I am sure.

That’s the thing: Under work for hire, it is true. The client has full right to the delivered work. Delivered work. I advertise delivering an mp4 file. Not the source file. It is open to interpretation if a case were to go to court. So I think I need to add an explicit disclaimer on all of my gigs.

This is a very complex issue. I am currently in discussions with a past client and lawyers are involved. It is true that by operating on Fiverr we are bound by Fiverr’s ToS and Fiverr clearly states all projects here are under the “work-for-hire” act of the copyright law. At the same time, copyright is offered in bundles. There are rights to display workrights to reproduce workrights to make adaptations (derivative works).Not sure where we stand on those, as I am now in discussion with a past client who claims they now own the source files I created. (they decided they shouldn’t have to hire me for future updates)

Nope. No. Non. Niet. (Is that 20 characters yet?)

If you are selling under the same category, you will automatically get banned.

It’s the exact same as yours I assure you. We can lose levels as well And BTW Pro is not a level. There’s no demotion. You don’t have to be a certain level to be eligible.

Fiverr’s defenders claim that the new level standards are making everyone equal. If TRS gets paid in 7 and we get paid in 14, where’s the equality? Is our money less valuable than theirs? Do we need it less than they do? No! If the system allows TRS’s to get paid in 7 days, the same courtesy should be given to us. It shouldn’t be a perk, TRS’s get enough perks. First of all, is it really “their platform”? We’re the ones that work here! We’re the ones that make money for them! Don’t act like they’re doing you a favor, they take 20%. And you’re wrong, I don’t have plenty of options. Name me one platform that is like Fiverr, it doesn’t exist. Don’t even mention the Fiverr clones, and don’t compare it to People Per Hour, I tried dealing with those finks and they screwed me over. I understand your anger and frustration but a month ago when tou were a TRS yourself, you weren’t posting about equality and overthrowing overlords and Fiverr’s defenders. I have nothing more to say, as I do feel you need space to vent. If you need any help after that’s done, feel free to message me.

really? Like you legit don’t feel like delivering on-time because of that? Why are you on this site then? it’s been like that from day 1, it’s right there on the ToS. Fiverr is not punishing level 1+2 and new sellers. It is rewarding TRS. Everyone’s funds used to clear in 14 days. Then I think a year and some change back, they announced TRS level gets 7-day clearance. So you are looking at it the wrong way. It is a really strong incentive and once you reach that level, a great benefit to have.

ANY change means the gig is taken off the search results. Feel free to try it! -not really sure why you posted a question if you are so quick to respond with a wrong answer-

Hi there, unless you are a part of Fiverr’s seller success program, and you would know if you were, everytime you update your gig, whether it’s a word in the description or the main gig image, your gig is taken off the results page until Fiverr staff can review the changes you made.

I don’t see that happening anytime soon for a number of reasons. Can you imagine what the marketplace would be like with sellers pestering buyers to “release funds” ? Buyers are already bothered constantly by amateur sellers with “please submit a review”, “please mark the order as completed and I will deliver later”, “please change your review to 10 stars!” So to keep this short: what you are suggesting would be a tool for sellers to try to game the system.

49% for now. Almost half way there! 🙂