[amayausers] Re: Digitizer Question

This is a good topic as I've just completed two fairly detailed designs
that I sent to a digitizer. 
The work involved, after the design was delivered to me, was very time
consuming, preparing sew outs, deciphering run file, resizing, returning
to the digitizer for modifications etc.  My policy has always been to
release a copy of the design upon request as this is just how I operate
my business much like Aaron states. However, both customers requested
their files and although I didn't say anything, I wanted to tell them
that I worked my butt off for this and now your going elsewhere to save
a few bucks?  This has only occurred less than a dozen times over the
past 10 years, but twice in the last week. I wonder if I'm too expensive
or is this something other embroiderers face.

Dean Zellman
Mr. Stitch Embroidery
(818) 386-9626
Visit us on the Web at www.mr-stitch.com



-----Original Message-----
From: amayausers-bounce@xxxxxxxxxxxxx
[mailto:amayausers-bounce@xxxxxxxxxxxxx] On Behalf Of Rod or Sharon
Sent: Thursday, March 30, 2006 11:38 AM
To: amayausers@xxxxxxxxxxxxx
Subject: [amayausers] Re: Digitizer Question


Thanks Aaron, that is what I had read and I think from a very reliable 
source who checks with attorneys.
Sharon
----- Original Message ----- 
From: "Linen Barn" <linen@xxxxxxxxxxx>
To: <amayausers@xxxxxxxxxxxxx>
Sent: Thursday, March 30, 2006 8:32 AM
Subject: [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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