[amayausers]
- From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
- To: amayausers@xxxxxxxxxxxxx
- Date: Thu, 30 Mar 2006 11:36:53 -0500
In the case where someone wants to 'give' the customer the digitized
files-then it should be up to that person to ASK when subcontracting
to a digitizer 'WHO OWNS THE COPYRIGHT'...
because if the digitizer is doing the job as 'Works Made For Hire'
and by federal copyright law, they do NOT own the rights to that.
But if buried in the fine print of your invoice or contract with this
digitizing shop is one little word about copyright, then yes, they
can own 'the controlling use of that digitizing file' but NOT the
copyright of the artwork. That is NOT transfered by default. Another
section of the federal law covers that.
Talk to the folks at Dakota-and find out why they had to drop ALL
digitized designs with Auto and Truck designs that looked like actual
vehicles....because the 'big three' auto makers OWN THE COPYRIGHTS TO
THOSE VEHICLE DESIGNS, irregardless of Dakota's claim to 'ownership
of digitized form'-they cannot allow anyone to use them. At all-you
cannot order any designs from the 'old files'-they are forbidden to
use them. I know, I called to get a limosine design that was in the
catalog from 2001 or something that I had.
So just because a shop or someone did the digitizing, they DO NOT OWN
THE COPYRIGHT TO THAT DESIGN.
However, if you prepare a screen for a teeshirt job-and charge the
customer 'setup' charge for each screen, YOU OWN THAT SCREEN. But if
you put 'SCREEN CHARGE' on the invoice-guess what-you SOLD THAT
SCREEN to the customer and he CAN ask for it to give to another shop!
BIG STINK in the screenprinting business when THAT was upheld in court.
So, if you charge the customer for 'digitized file' then he owns it-
not you. But if you charge for 'setup and/or digitizing'-he is paying
for the SERVICE, not the 'end product'-that file.
Lawyers get all their money 'splitting hairs'....and 95% of the
embroiderers and screenprinters will never run into this. But it can
and will happen somewhere, sometime!
Just one p'o'd customer with a sharp lawyer can screw you big time.
I've only been embroidering for 2 years, but I've been involved in
graphic advertizing sales over 30 years, and running my own graphic
screen and sign shop for 25 years....been to several seminars and
followed many cases like this over the years.
Roland
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