I have been scammed by a freelancer (he sold me someone else's art as his own)

[480e5518]

I hired a freelancer to do some original artwork. After some back and forth revisions, the job was completed and the product was delivered.

However, I was just searching for something else and ran across the freelancer's first "submission" on Pinterest: **Edited for Community Guidelines**. That tree image is the exact same image that the freelancer submitted as his verison 1

I followed that link and the design is being sold on Redbubble:**Edited for Community Guidelines**. At first I thought that perhaps the freelancer was selling the work he did for me, but then I noted that the designer of the image on Redbubble is a completely different person.

In hindsight, this actually explains a lot…

His first submissions (before I asked for any serious revisions) were all quite good—because they were all variations on the work done by another—by an actual artist. But then, once I made any requests for serious changes, he suddenly became less enthusiastic and it was like pulling teeth to get any further changes. Eventually, I used my own meager graphics skils to show him roughly the changes that I wanted, and I believe he actually just gave what I sent him back to me, in slightly modified form!

This behavior could have been explained in a variety of ways, and I am a (far too) trusting person, so I did not think too much of it. But now, in hindsight, it all makes sense. He found artwork that closely matched my original description, passed it off as his own, and led me on a journey from there. (Side note: If I had used it as a logo or something, I would have been in violation of someone else's artwork rights!)

Naturally I assumed the artwork was his, and—because I am a softie—I gave him good reviews. (I hate giving young freelancers, just starting out, anything but stellar reviews. I figure any little bumps will be ironed out, so I try to be understanding.)

I am, based on all the research I have done, 100% sure that I have been scammed by this freelancer. How do I proceed? (When I click the support links pertaining to refunds, they do not open.) A refund is a required part of this, but it seems to me that Upwork nbeeds to take action to protect other clients. This does need to get solved.

Thanks!

[74dfa92c]

Ad a tattoo artist and someone who draws and designs their own artwork. This situation right here is one of my biggest fears of putting my work out there. People like this make it hard for actual artists to make it anywhere or to get people to believe it's our work. Can I ask what you got made? On behalf of all the art community.

**Edited for Community Guidelines**

[480e5518]

A digital drawing of a tree. Thank you for the empathy and comment.

[30d351be]

I'm sorry to hear about your unfortunate experience. Dealing with situations like this can be frustrating, but there are steps you can take to address the issue. Here's a guide on how to proceed:

1. Document Everything: Gather evidence of the original job posting, your communications with the freelancer, the delivered work, and any external sources that show the artwork isn't original. Screenshots, messages, and other relevant documentation will strengthen your case.

2. Contact Upwork Support: If the refund links are not working, try reaching out to Upwork Support through their help center or community forums. Clearly explain the situation, attaching the evidence you've gathered. Emphasize the discrepancy between the delivered work and the original artist's creation.

3. Report the Freelancer: On Upwork, you can report the freelancer for inappropriate behavior. Go to the freelancer's profile, click the three dots (...) on the upper right, and select "Report Freelancer." Provide details about the issue in the report.

4. Review Upwork's Dispute Resolution Process: Upwork has a dispute resolution process. Familiarize yourself with it and follow the steps outlined. This may involve mediation between you and the freelancer, and Upwork may step in to make a final decision.

5. Leave an Honest Review: If the freelancer has misled you, consider updating your review to reflect your actual experience. Honest reviews contribute to the transparency of the platform and may help other clients.

6. Consider External Actions: If necessary, you may explore legal options or report the copyright infringement to the original artist or the platform where the artwork is being sold (e.g., Redbubble).

Remember that Upwork's policies and procedures might have evolved since my last update in January 2022. If the direct support links are not working, try reaching out through alternative channels such as community forums, social media, or other support options provided by Upwork.

Be persistent and clear in your communication with Upwork, providing as much evidence as possible to support your case. It's in Upwork's interest to maintain a trustworthy platform, so they should take appropriate action to address your concerns.

[480e5518]

Thank you for those details.

I did most of those things. It was too late for me, and Upwork let me know they did not intend to take any action to protect others on the platform from this plagiarist. On one level, I understand—to them, it is he-said-she-said, and they would have to put in some work to get to the bottom of it. (Though I did provide a very clear chain of links showing the plagiarism.)

The one thing I did not know was that one can update one’s review. I may look into that.

It was not a huge loss for me—it was a small contract.

[rekasesh]

You can flag their profile. There is an option ( three green dots) on the bottom left corner  of the page.

[the-right-writer]

I appreciate real thoughts and words from the person.