by minnieb 16 Jul 2008

Ricky what did you learn about copyright its the best Question

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by jayemcee46 17 Jul 2008

a very complex subject full of pitfalls for the unwary, but most embroidery design sites do state what you can and can't do with their designs and we all try to adhere to their wishes as best we can. Looks like you need a law degree to be absolutely sure but then different counties have different laws which makes for a very difficult area. Jo

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by mpo14011 17 Jul 2008

One thing I learned is that there are NO international regulations on copyright. Each country have their own. There are copyrights on licensed designs, eg Disney, AFL, NBL products etc. Designs on fabrics do have a copyright, even to the extend that some designers will not let you make things FOR SALE out of their line of fabrics. Greeting cards and colouring in books usually have a copyright. There is no copyright on ideas. Wrapping paper would only have a copyright if it is on them. A copyright is automatic as soon as you design something. Some copyrights will let you copy and use for your own use or as a gift. In other words, if you are using it to give away for free and not make a profit from it, you can use it. In the past, people have been sued for using someone else's ideas, but not successfully. If someone wants to use other people's designs it is best to ask their permission. The clipart I use from clipart designers is fine. I have their permission to use them for anything I like but not to change the artwork itself and not to sell it, that is the actual artwork, as my own. I have to link back to them. Hope this helps.

5 comments
meganne by meganne 17 Jul 2008

Sorry Ricky but The Berne Convention DOES exist and it is an international agreement set up to protect copyrights since the Internet has come into existence. You really need to have a Law Degree to give legal advice of this nature and if you aren't a solicitor you'd be advised to suggest people seek their own advice from someone who is. People have been charged, successfully, in Australia) for impersonating a solicitor and/or giving legal advice without having the necessary qualificaions to do so. I can attest to this as I worked for the solicitor for the Defendant and we lost.

mpo14011 by mpo14011 17 Jul 2008

Quote-"The Berne Convention requires its signatories to recognise the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way it recognises the copyright of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was originally created." Unquote.
This does not mean the regulations are the same, it just protects the "work of art"( for the want of a better description) in a particular country.
I never had any intention of impersonating a lawyer, I just stated what I had read and was send, via email, when asking permission to use particular artworks for either digitizing or applique. The fact remains that some designs, as in patchwork and quilting magazines, can be used for personal use and to give away, BUT not sold.So people making these quilts can't lay claim to them and say they have designed them.And the design remains the property of the original designer. That is why I feel

mpo14011 by mpo14011 17 Jul 2008

I can't say the scrappy quilt that I am working on now is my own design because I have seen it in a patchwork magazine, even though it was after I had formulated the design..
I should have been a bit clearer in my earlier statements. Sorry about that.

minnieb by minnieb 17 Jul 2008

thanks Ricky, its like song writers are they going to bother sueing a 3 year old for singing a song they heard on tv it would be way to costly and they could get laughed out of court.I think unless we are making money we are like 3 year olds .we still have to have respect for peoples work but there is no need to scare every one .today we have found bunnycup clip art ,sick design clip art and many more ,now if we buy these who sues us for having the same designs ,we could all just be to scared to do anything .if its your work you protect it .if you leave your back door open you are going to get robed so you lock your door and if you don't know how to ,you get a locksmith

meganne by meganne 17 Jul 2008

RE: International Regulations: Realise what you say Ricky, had already noted that in my answer to Minnieb before posting to you, just hate repeating myself in case people think i'm losing it! LOL!
RE: giving advice: I just worry when i see anything written by anyone SO PUBLICLY HERE ON CUTE, because you never know who's reading. The Law Society is very protective, i'll say no more.

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by meganne 16 Jul 2008

Does this help?

3 comments
minnieb by minnieb 16 Jul 2008

come on thats to hard .did each country have same laws,

meganne by meganne 17 Jul 2008

Yes and no. Each country has their own regulations pertaining to copyright BUT there is also an International Agreement between countries, known as The Berne Convention but then each country has their own version of how they will be governed by the Berne Convention. It is very complex and if you think you are affected or need to know more for business or professional or personal reasons you should seek the advice of Proper legal council.

minnieb by minnieb 17 Jul 2008

Thanks meganne I think respect is the best thing .we don't have law Deg even they would disagree what the law ment

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by minnieb 16 Jul 2008

bump

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