The EU Copyright Directive - An End to Fiverr Scammers?


#1

I’m watching this thread closely:

In short, a buyer is attempting to cancel an order, despite having already started using delivered work, and already having paid a discounted rate.

I advised the OP to state their case to CS and show CS proof that their work is already bein used online. I then advised the OP to consider asking CS how their rights are protected in situations like this, with regard to the new EU Copyright Directive. - And this seems to have thrown a spanner into the usual way CS does business…

At first, CS told the OP that they would be canceling the order. Then the OP responded with:

And suddenly CS backtracks, says they won’t be canceling, and advises the OP to work things out with their buyer.

Now, in short, the EU Copyright Directive definitely makes the entire Fiverr delivery system not fit for purpose. It doesn’t matter whether a buyer uses a chargeback to get work FOC or tries to manipulate a seller into cancelling after delivery. Fiverr, in both cases, is legally responsible for making sure that work distributed via its platform is done so 100% legally.

This means that to stay compliant, Fiverr will in the very least need to:

  • Stop canceling orders on a buyers request after work has been delivered
  • Stop passing losses from chargebacks onto sellers
  • Potentially make it impossible for buyers to download work until they mark orders as complete

Not doing the above will not be optional. Fiverr can ignore individual sellers who complain to them. However, the EU Copyright Directive gives any EU seller the ability to complain about Fiverr to the EU Information Commissioners Office. When that happens, the ICO won’t investigate individual cases. Instead, they will ask Fiverr to demonstrate how it maintains compliance with the EU Copyright Directive on a day to day basis. If Fiverr cannot do this, they will risk huge GDPR-like fines.

So, in practice, getting scammed on Fiverr should now be impossible.

Of course, Fiverr likely isn’t going to announce any changes. However, if you do encounter problems like chargebacks or buyers attempting to get work FOC, it would be wise to ask CS directly, how their position on chargebacks and non-mutual cancellations is EU Copyright Directive compliant. :wink:

Sadly, on the downside of things, the amount of ripped Envato content on Fiverr also makes Fiver as compliant with the new EU Copyright Directive as The Pirate Bay… Let’s just hope they clean house asap.


#2

It isn’t law yet? It’s still got to go to the European Council of Ministers, and each EU country can enact it in whatever form it likes, so I don’t think it’ll make a lot of difference to Fiverr. It’s also got 2 years to be enacted, so it’s not going to happen any time soon.

Added - the OP from the thread mentioned above was from Canada. How would she be covered under any EU law?


#3

Just off to bed - an exciting day awaits me tomorrow - but I found it rather interesting that the CS agent initially said that the order had been cancelled and then all of a sudden it wasn’t. I thought the CS agent had rather bad English (and given the seller’s lack of outrage over the actual cancelled order) it was all rather unclear to me.

Interesting post though. Hopefully it’ll be updated shortly with the latest or the end result.

@weeyin, I am far from expert in GDPR, but I believe that the EU’s interest - if aroused - would be regarding Fiverr’s delivery and chargeback system wrt to EU sellers. Could be that the recent refunds to sellers (noted on other [rare] forum posts) is related to that, but it’s a guess, based on

When that happens, the ICO won’t investigate individual cases. Instead, they will ask Fiverr to demonstrate how it maintains compliance with the EU Copyright Directive on a day to day basis. If Fiverr cannot do this, they will risk huge GDPR-like fines.


#4

I’m pretty sure it can’t be stopped now. In either case, while it is freedom killing and bad for an insurmountable number of reasons, it does offer exactly the kind of protection freelancers need.

At present, it should become law on April 9th. (If all goes in the EUs favor.) After that, businesses will have two years to become compliant. However, this doesn’t mean that businesses can wait until April 2021 to deal with the matter. To stay off the EUs radar when it does come into force, most would (or should) start acting asap to appease the new rules.

Of course, we’ll see how things go…