[amayausers] Re: question about design ownership

  • From: "Jeff Banks" <banksje@xxxxxxxxxxx>
  • To: <amayausers@xxxxxxxxxxxxx>
  • Date: Thu, 23 Mar 2006 12:24:26 -0700

Mary,

 I highly recommend you ask this question on the EmbrodieryLine list at 
www.embroideryline.com. The lady who owns this list (Helen Hart Momsen) has 
written books with this information in it, and she gets her answers from a 
copyright atty. There are also others who are members of her list who give 
seminars on this exact subject at trade shows. I am not saying people on 
this list do not have the correct answers, but I do know where to get the 
correct answers. Another list is the EmbroideryList at 
www.embroiderylist.com. One of the members there is Lee and Keith Caroselli 
who own Balboa Stitchworks. They give seminars on this subject at trade 
shows and are very knowledgeable on this subject. There are others, but this 
is 2 that I know will give you the right answers.

 To be quick short and sweet, unless you got a written release of 
intellectual property from the person who digitized the designs, the 
digitizer owns the intellectual property right to his design. Just because 
you paid him a fee to digitize it, does not mean you own the rights to or 
have the rights to assign it to someone else. In this case, unless you have 
a written release from the digitizer, you do not have the right to give this 
design to your client for it to be used over seas. Only the digitizer has 
this right. I would go to the digitizer, ask for the release of the design 
to you. Then you need to give a written release to your client. Now, there 
are other issues. These issues get into the realm of the design being a 
copyrighted material such as a Disney character. Your BEST option is to ask 
this question where I know there are people who have the knowledge to give 
you good answers, and to ask a local intellectual rights atty. as different 
states have different laws as well.

 I do not intend this to step on any toes in this forum, but this is a very 
complicated issue, and is a very serious one. The wrong answers could get 
someone in a heap of trouble.

 Jeff Banks
 Melco Embroidery Systems

----- Original Message ----- 
From: "Shuffletown Embroidery" <shuffemb@xxxxxxxxxxxxx>
To: <NNEP-list@xxxxxx>; <amayausers@xxxxxxxxxxxxx>
Sent: Thursday, March 23, 2006 10:50 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
>
>
>
>
>
> 


Other related posts: