[amayausers] Re: Copyrights
- From: Darlene Weber <image_maker31@xxxxxxxxx>
- To: amayausers@xxxxxxxxxxxxx
- Date: Thu, 2 Nov 2006 14:14:30 -0800 (PST)
Thanks for all of your help!
I have been using the "set up" charge idea since I started. Learned that
from a seminar I attended.
They just really wanted some direction as to what exactly needed to be
written in a policy as they want to write one and distribute to all employees.
Thanks again!
Darlene
"Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx> wrote:
You can check the gov't website for the actual 'copyright' law.
There is no real 'copyright policy'-the 'law' boils down to -whoever
created the logo owns it, and the rights to 'all reproduction' of that
logo. AND there is NO LONGER any '10% change and its a new logo'
loophole. ANY use of ANY part of a copyright logo
is a violation of the law. Except for 'parody' use-you cannot use any
logo in any way, shape or form for any reason without permission
of the copyright holder.
And, guess what...if YOU design a logo for a client, and don't
transfer the ownership of that logo in writing to them-YOU still OWN
that logo. Many companies don't realize this...some do, and they 'buy
the rights' to use that logo for 'certain products' and have to
go back to the 'copyright owner' to get permission for anything else!
So if you develop a logo for a client for polo shirts and hats...and
only charge him for those products and not a fee to develop the logo
and sell that logo to him...then if he uses YOUR logo for business
cards, signs, banners...YOU have the right to sue him for violation
of copyright laws.
Make sense? Because he does not have an 'invoice' to 'buy' his logo
after you developed it, he can't use it without your permission.
Now, if you did sell him the logo-he can take that logo 'image'
anywhere he wants to get the next job done.
You need to have a clause in your embroidery contract (if) you charge
him for digitizing-that it is a 'setup' fee and that YOUR business
owns the actual computer 'files' as 'proprietary files' for your
embroidery system. All such files remain your property and cannot be
transfered to any other company. (otherwise...your customer can
DEMAND you turn over your .ofm files and go to another shop for
future orders! Has happened with screenprinting shops that had a fee
for 'screen' or 'screencharge'. In court-that was determined
to mean the customer BOUGHT THE SCREEN and could demand it! So now
you see only 'setup charge', not screencharge).
I have used this method successfully when clients thought they could
just come and pick up 'their screens', or in one case,
a Tree Service Company got a cheaper price to letter his trucks after
I did all the work and one truck. He demanded that I turn over
the 'plotter files' to give this other company because THEY told him
he owned them and would not have to pay them to digitize
his files! I showed him his invoices...all 'computer files' remain my
property. He could have his 'original printed logo' back (which
he had recieved a year before) but he could not get 'my' files to
take somewhere else.
Same with embroidery.
So now you have a club or business with a nice logo...they need to
put the 'c' in a circle on it, with a date...and from that day on
they 'own' the copyright. Nothing to file with the government. I tell
them to mail themselves copies of this logo, signed and dated,
by registered mail-and don't open it! Just put it in the safe. Now
they have a copy of their logo, with the copyright symbol, and
it is in a government sealed and datestamped envelope!
So what they want to do is make up a document specifying the logo,
how it is to be used, what the official colors are, if there are
any restrictions to using it, etc. and if there are 'franchises' that
will use it-do they have the right to use it locally for any purpose
or if they have to go through the main office each time.
Then, if this is what you are setting up with them, they can specify
that 'all embroidery, embellished clothing, totes, whatever'
must (or just 'can') be ordered through ABC Embroidery Co.
Or it could be ' this copyrighted logo is licensed for use to
embellish wearables, totes, etc. (or just 'anything embroidered)
exclusively to ABC Embroidery Co. and all orders for such items must
be sent to ABC Embroidery Co.
Now I'm not a lawyer, but this is plain english....and if the company
is big enough to worry about the wrong use of their logo,
they may want to run this all by a lawyer to protect everyone.
Does this help?
Roland
===========================================================
The AmayaUsers Mailing List
Website: http://www.amayausers.com
Discussion Board: http://www.amayausers.com/boards
Subscribe/Unsubscribe: http://www.amayausers.com/list
===========================================================
---------------------------------
We have the perfect Group for you. Check out the handy changes to Yahoo! Groups.
===========================================================
The AmayaUsers Mailing List
Website: http://www.amayausers.com
Discussion Board: http://www.amayausers.com/boards
Subscribe/Unsubscribe: http://www.amayausers.com/list
===========================================================
Other related posts:
