The Fiverr AI Policy in 2024 is generally a well-balanced one with one significant issue. It promotes innovative creativity and insists on human customization of any AI-generated work. The negative? Buyers have the full responsibility of vetting their sellers use of AI tools.
⚡No Time? Here’s The Quick Read⚡
Most of Fiverr’s AI policy is common sense, following the principles of its other main policies. Despite this, there’s still one nasty surprise waiting for the unsuspecting buyer….
- Fiverr lets sellers use generative AI tools like ChatGPT and MidJourney for creating and delivering content
- Sellers must customize any AI-generated deliverables
- Sellers must have the rights to the AI-generated content they offer
- Buyers must tell sellers their preferences on AI-generated work
- The standard Fiverr Terms of Service apply to the use, creation, and delivery AI work
Did you figure out the potential nasty surprise? Yes, sellers don’t have to disclose whether they use AI unless they are directly asked about it by a seller. In terms of consumer-friendly policies, this could have been handled better.
And in fact, it was handled better until a change in late 2023.
A Quick History of AI Policies on Fiverr
History might be a stretch, since Fiverr only really started concerning itself with AI at the beginning of 2023 – the same time everyone else was amazed by what AI tools like ChatGPT could do.
Its first AI Policy was posted in April 2023 (archive link). By August 2023, Fiverr was launching its own AI matchmaking assistant, Fiverr Neo, and the company put out a quick press release praising US federal Judge Howell’s ruling that AI cannot hold copyright:
We support this ruling. This is what we’ve been saving all along. We at Fiverr know that while AI can be a powerful tool in the creative process, it’s the human element that imbues work with originality.
Micha Kaufman, Fiverr CEO
2023 also saw AI-specific categories launched and what ChatGPT would no doubt describe as a “plethora of top-notch resources about AI” for anyone wondering what the big AI fuss was all about.
Fiverr even went as far to publish An Open Letter to AI in the New York Times (January 2023) and produce glossy YouTube videos across the same year. All of this which was met with a mixed reaction by the community. As great as AI sounds, many are still concerned that Skynet is coming for their jobs.
It’s safe to say that Fiverr is going into the world of AI with all guns blazing, and its current AI Policy does reflect that.
And unfortunately, that’s where the Fiverr AI Policy falls short for half of Fiverr’s userbase: consumers. As with all technology, AI is just a tool – it is how humans use it that matters. The problem isn’t the broader AI policy, it’s a very specific change made to it toward the end of 2023:
(Click on the images to read)
What does all this mean? Essentially, Fiverr has shifted the responsibility for vetting sellers’ use of AI to buyers. So long as sellers are following the rest of the AI policy and not being deceptive (i.e. outright lying if asked about their AI usage), there isn’t much a buyer can do if they don’t check.
If there was a caveat emptor for the 21st century, that might just be it!
It’s an interesting shift, and not one that I would describe as consumer friendly. But for now, it’s how Fiverr expects its users to work with AI on the platform.
The Fiverr AI Policy and Buyers
| PROS | CONS |
|---|---|
| Enhanced creativity and innovation | Variable quality of AI work |
| Cost-effective | Uncertain originality |
| Faster deliveries | Lack of human touch |
| More services | Ethical and legal concerns |
The most important thing clients on Fiverr should know is that Fiverr sellers are not required to disclose their use of AI tools.
Instead, the responsibility falls on the buyer to ask. Can sellers lie about this? Yes, of course they can and do. If they are caught, they are breaking Fiverr’s Terms of Service. A report could lead to account warnings and worse.
When it comes to copyright and IP, everything gets a lot thornier. This will change in the near future as governments start to create regulatory and legislative frameworks around AI. For now though, the broad consensus is that works generated by AI are not copyrightable. If a seller tries to make you pay for copyright, don’t blindly accept – ask questions.
Ultimately, if you’re concerned about a seller’s use of AI, contact them first and talk about it. In the worst case scenario, you’ll lose some time but get a refund on your order. If you’re following my vetting guide, then you will already be checking for this.
One final thing: while Fiverr does have AI-specific categories, its policy means that AI could be used in any service without you knowing. So always check if you are concerned about use of AI in your commissioned work.
The Fiverr AI Policy and Sellers
| PROS | CONS |
|---|---|
| Innovative tools for trending services | Customization required |
| New service opportunities | Intellectual Property (IP) challenges |
| Improved efficiency | Potential dependence on or misuse of AI tools |
| Enhanced creativity | Silent AI policy changes and updates |
While sellers don’t need to disclose their use of AI, I believe that you should. Everyone can see the benefits of using AI in their business, but far fewer people are transparent about their use of AI to achieve their results.
The key word here is transparency. If you let people know upfront in your gig description or FAQ without needing to be asked, you’re showing your buyers a level of transparency that builds trust.
You don’t need to say much: you can even invite people to ask you about your use of AI and have a PDF ready to send that details everything! If you go that route, make sure to include lots of buyer-first benefits, such as quicker delivery, better results, and so on. A couple of examples:
- If you’re a writer, show how you use AI to research topics and keywords
- If you’re a social media marketer, show how you use AI to collect and analyze data
Buyers always appreciate speedier deliveries, but not at the cost of quality work. Show how AI helps your workflows to give them what they want. If you don’t, someone else reading this will!
Another good reason for being honest about your use of AI is that Fiverr may change its policy in future, requiring all sellers to be transparent. That was its policy back at the beginning of 2023, and they didn’t tell anyone when they changed it.
Make your own personal AI policy. Save yourself some time, work, and possible warnings by choosing the ethical path even when not required. Your buyers will thank you, and Fiverr may notice your account in a good way.
The bottom line is simple: don’t be afraid to show people that you’re using AI in order to “preserve your prices” or whatever other excuse you may be using now. If you can’t think of any benefits for your service, then ask ChatGPT for some.
Fiverr’s AI Policy Is Average, But Very Permissive
We are still very early in the adoption of AI, so there are a ton of debates swirling around the space, particularly around the ethical implications of using AI in creative work. Fiverr’s AI policy tries to strike a balance between AI innovation and copyright protection by allowing the use of AI, but insisting on human customization.
I think this is a fair approach, although Fiverr’s lax policy on disclosure is disappointing. Fiverr does have responsibility as a major freelance platform to regulate AI use, but the lack of an agreed legal framework makes it challenging. In the end, I can see why they put the onus on the buyer to ask – why block a potential sale due to fear of AI? – but from a consumer rights standpoint, it is things like this that may create more restrictive legal frameworks than anyone would like.
For now, both buyers and sellers should be aware of the AI policy and make the best use of AI in their business. As a mostly unrestrictive policy, there are plenty of opportunities for sellers to explore. Buyers, on the other hand, will need to decide what they want – and make sure their seller can deliver according to those needs.
