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...