[amayausers] Re: question about design ownership
- From: "Shuffletown Embroidery" <shuffemb@xxxxxxxxxxxxx>
- To: <amayausers@xxxxxxxxxxxxx>
- Date: Thu, 23 Mar 2006 14:14:54 -0500
Thanks, again. What an interesting dilemma.
Mary Buckle
Shuffletown Embroidery
Charlotte, NC
704-398-1273
-----Original Message-----
From: amayausers-bounce@xxxxxxxxxxxxx
[mailto:amayausers-bounce@xxxxxxxxxxxxx] On Behalf Of Linen Barn
Sent: Thursday, March 23, 2006 1:49 PM
To: amayausers@xxxxxxxxxxxxx
Subject: [amayausers] Re: question about design ownership
This is a post from another group on this subject. Helen is the one who
posted this and is also the one who runs the list. She has written 2 books
on embroidery and she talked with a copyright attorney on this very subject.
Maybe this will shed some light.
It doesn't get any simpler than this: IN THE ABSENCE OF AN AGREEMENT TO THE
CONTRARY, THE COPYRIGHT IN THE DIGITIZED DESIGN BELONGS TO THE ONE WHO
DIGITIZED IT.
It doesn't matter what you think, what your customer wants, what you
consider "right", what you think your CUSTOMER'S rights are. If you don't
follow the law, you may someday pay the price.
Imagine you have a design digitized. You don't arrange for the transfer of
the copyrights to you, the embroidery shop. You, the embroidery shop, give a
copy of the design to an out of state group that wants to have some garments
stitched locally. The digitizer has the right to bring suit for lost revenue
as he/she did not have the opportunity, however slight, to land that second
digitizing job.
I am not saying anyone would do this...but they HAVE THE RIGHT.
We worry so much about sports and college logos and don't want to make a
mistake. Why don't we worry as much about legal issues in other areas and
just do things correctly?
One can argue all day long that the end-user customer has the "right" to his
designs, but what one thinks doesn't count. The law is what counts. YOU
don't even own the rights if you paid a digitizer a fee to prepare the
design, UNLESS YOU HAVE AN AGREEMENT TO THAT EFFECT.
If you want the right to give away or sell designs for a fee to other
people, make sure you have an agreement that the copyrights to that design
transfer to you with the payment of the digitizing fee. If you digitized the
design yourself and the customer wants it, transfer the rights legally.
I interviewed my copyright attorney for the chapter in my first book and
this was one of the questions he answered.
You can't give away or sell what you don't own.
IN THE ABSENCE OF AN AGREEMENT TO THE CONTRARY, THE COPYRIGHT IN THE
DIGITIZED DESIGN BELONGS TO THE ONE WHO DIGITIZED IT.
HelenHart
Aaron Sargent
The Linen Barn
linen@xxxxxxxxxxx
541-770-2957
Medford, OR
----- Original Message -----
From: "Shuffletown Embroidery" <shuffemb@xxxxxxxxxxxxx>
To: <NNEP-list@xxxxxx>; <amayausers@xxxxxxxxxxxxx>
Sent: Thursday, March 23, 2006 9:50 AM
Subject: [amayausers] question about design ownership
>I just did a job that involved digitizing several designs (which I
> outsourced) using artwork supplied by my customer and sewing up a number
> of
> samples in various colorways. I am satisfied with what I was paid for this
> work. Up front the customer explained that they would send the designs
> overseas for production.
> My questions are: Who owns the designs? To what extent can I use them?
>
> Any experience out there on this?
>
> Thanks.
>
>
>
> Mary Buckle
>
> Shuffletown Embroidery
>
> Charlotte, NC
>
> 704-398-1273
>
>
>
>
>
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