[amayausers] Re: Digitizer Question
- From: "Rod or Sharon" <springer37@xxxxxxxxxxxx>
- To: <amayausers@xxxxxxxxxxxxx>
- Date: Thu, 30 Mar 2006 12:37:33 -0700
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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