[amayausers] Re: Digitizer Question

If you ordered a design digitized, and have it done and billed to YOU  
(XYZ Embroidery Shop) then YOU own that digitizing. The 'digitizer'  
is not the designer-they are only creating a usable file from an  
'existing' design you supplied. If you have the design digitized and  
billed to "Rod's Truck Shop and Restaurant"-then THEY own the rights  
to it. In this case you are a 'middle man'.
Safe way to operate is to print clearly on your invoices that
1: if your CLIENT brings in artwork-HE owns that design
2: if YOU develop a design or logo-YOU own the 'copyright' and the  
client has the right to use if for specific purposes (and you CAN put  
in writing for what!)
3: For 'additional fees' YOU will release the copyright to the client  
-or- allow him to use it for something else for a fee (like business  
cards, a sign, etc.)
4: 'digitizing' fees do NO transfer copyright-and the charge for  
digitizing is a 'setup' fee FOR YOUR SHOP ONLY.
Do NOT ever put in an invoice that the CUSTOMER owns the digitizing  
file-or you COULD be forced to turn that over when he finds a cheaper  
source of embroidery. You must clearly explain that all 'electronic'  
files (which is digitizing) remain PROPRIETARY to XYZ Embroidery Shop  
and are not the property of the client.

Roland


Sunrise Graphics
116 Main St
Claremont, NH 03743
603-543-1324
fax 603-543-9902
www.sunrisegraphics.org
signman@xxxxxxxxxxxxxxxxxxx


On Mar 30, 2006, at 1:17 AM, Rod or Sharon wrote:

> I am sure I read on another e-group post that even though you pay  
> to have a
> design digitized for a client, you cannot use that design for  
> anyone other
> than the client it was digitized for without the written consent of  
> the
> digitizer.  The digitizer owns that digitized design for all  
> purposes other
> than embroidering it for the client it was digitized for---am I  
> correct?
> Sharon
>
>
>
>

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