[amayausers] Re: Digitizer Question

I would disagree Roland.  If YOU create art then you own the art.  When you 
send it off to a digitizer you still own the art but the digitizer own the 
digitized file.  You can use it but cannot sell it without transferring 
ownership from the digitizer to you.  An invoice does not imply transfer of 
ownership but is just a charge for setting up the design.

Now, if I have a customer give me their logo and I send it to my digitizer 
my digitizer owns the design.  I can sew it for the customer all I want.  If 
that customer asks for their digitized file I would give it to them.  Thats 
how I do business in the real world cause no digitizer in their right mind 
is going to come back an sue you cause you gave a company their digitized 
logo.  If this went to court I would probably lose but in the real world I 
will take that chance.

I would suggest talking to whomever you have do your digitizing to find out 
their outlook on who owns what.

This is just my opinion based on the many disscussions on this subject on 
another list.

Aaron Sargent
The Linen Barn
linen@xxxxxxxxxxx
541-770-2957
Medford, OR
----- Original Message ----- 
From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
To: <amayausers@xxxxxxxxxxxxx>
Sent: Thursday, March 30, 2006 5:17 AM
Subject: [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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