[amayausers] Re: Digitizer Question

Roland,

 From all I have seen posted by people who teach it at the trade shows or 
write articles about this topic, there are 2 rights involved, that of the 
artwork, and that of the digitizer. The rights to digitized design are that 
of the digitizer unless he/she releases them to whomever. The rights to the 
artwork are to the creator of the artwork. 2 different things. Because of 
this, ALL who have a custom digitized catalog of designs should consider 
this as an asset to their holding and business.

 There are books written and articles in ALL the Embroidery Trade Mags 
constantly regarding this topic, and they all say the same thing.

 Jeff Banks
 Melco Embroidery Systems

----- Original Message ----- 
From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
To: <amayausers@xxxxxxxxxxxxx>
Sent: Thursday, March 30, 2006 8:52 AM
Subject: [amayausers] Re: Digitizer Question


> Here's the law as written- a, b & c define the person that 'authored'
> the work as the 'owner of copyright', b-works made for hire
> (digitizing) the digitizer does NOT get the copyright-it still
> belongs to the 'author'. d ownership can be conveyed or transferred
> by 'any means of conveyance'- so you can 'sell' the copyright to your
> client if YOU designed the artwork originally by simply writing it in
> an invoice.
> As the law reads (and there is a lot more to it) the ORIGINAL person
> creating that artwork owns the copyright-unless the person (client)
> and you, the art person-agree UP FRONT that the client owns the
> artwork and you are doing it 'for hire'. Without that 'up front'
> claim, YOU own the artwork and copyright and the client cannot use it
> without your permission.
>
> And you do not have to 'release' the digitized files or any copy of
> the artwork to the client unless you have 'sold' them the rights-if
> you haven't transferred the copyright to them, YOU own it and all
> versions of it.
>
> But if you put in an invoice that you are being paid to produce HIS
> logo-you are then not the copyright owner. It's how you word it that
> protects you.
>
> You can put in charges for 'design time, art time, digitizing time',
> to create a logo-but unless you put in 'custom logo design for
> client' then you still own it.
>
> As long as you retain the rights to the artwork-you can easily sue
> them if they run to another shop and have the artwork used on
> ANYTHING, business cards, etc.
>
> I have purchased artwork for a series we were printing-and the
> 'invoice' for the artwork I commissioned states very plainly- (the
> artist) owns the copyright to this artwork-and (Sunrise Graphics) has
> paid for the rights to reproduce this artwork exclusively for
> teeshirts and hats...(so if I started making key chains or posters,
> they can SUE me, or force me to pay for another 'right to use' their
> artwork. Even though it is MY design, I am not an artist-so I paid
> them to do it. They are professional artists-designing book covers,
> illustrations,etc. for several BIG book printers...so they know the law!
>
>
>
>
> >>>>>>>>>>>>copies of Federal Copyright Law...
>
> ' 201. Ownership of copyright
>
>
>
> Release date: 2005-08-01
>
>
> (a) Initial Ownership. Copyright in a work protected under this
> title vests initially in the author or authors of the work. The
> authors of a joint work are coowners of copyright in the work.
> (b) Works Made for Hire. In the case of a work made for hire, the
> employer or other person for whom the work was prepared is considered
> the author for purposes of this title, and, unless the parties have
> expressly agreed otherwise in a written instrument signed by them,
> owns all of the rights comprised in the copyright.
> (c) Contributions to Collective Works. Copyright in each separate
> contribution to a collective work is distinct from copyright in the
> collective work as a whole, and vests initially in the author of the
> contribution. In the absence of an express transfer of the copyright
> or of any rights under it, the owner of copyright in the collective
> work is presumed to have acquired only the privilege of reproducing
> and distributing the contribution as part of that particular
> collective work, any revision of that collective work, and any later
> collective work in the same series.
> (d) Transfer of Ownership.
> (1) The ownership of a copyright may be transferred in whole or in
> part by any means of conveyance or by operation of law, and may be
> bequeathed by will or pass as personal property by the applicable
> laws of intestate succession.
> (2) Any of the exclusive rights comprised in a copyright, including
> any subdivision of any of the rights specified by section 106, may be
> transferred as provided by clause (1) and owned separately. The owner
> of any particular exclusive right is entitled, to the extent of that
> right, to all of the protection and remedies accorded to the
> copyright owner by this title.
>
> (e) Involuntary Transfer. When an individual authors ownership of a
> copyright, or of any of the exclusive rights under a copyright, has
> not previously been transferred voluntarily by that individual
> author, no action by any governmental body or other official or
> organization purporting to seize, expropriate, transfer, or exercise
> rights of ownership with respect to the copyright, or any of the
> exclusive rights under a copyright, shall be given effect under this
> title, except as provided under title 11.
>
>
>
>
> TITLE 17 > CHAPTER 2 > ' 202
> Prev | Next
>
>
> ' 202. Ownership of copyright as distinct from ownership of material
> object
>
>
>
> Release date: 2005-08-01
>
>
> Ownership of a copyright, or of any of the exclusive rights under a
> copyright, is distinct from ownership of any material object in which
> the work is embodied. Transfer of ownership of any material object,
> including the copy or phonorecord in which the work is first fixed,
> does not of itself convey any rights in the copyrighted work embodied
> in the object; nor, in the absence of an agreement, does transfer of
> ownership of a copyright or of any exclusive rights under a copyright
> convey property rights in any material object.
>
>

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