wondering. I know you can't use a sewing machine that is not commercial for that, but what about the designs? Once you download them, or buy them, I know you can't pass them around or sell them yourself. But... what about an item embroidered with one of those designs that you either bought or downloaded from somewhere?

generally it's "you can't sell/share the actual digitizing" but you can sell or give away articles that have been embroidered. It's best to check with individual designers - they usually state somewhere on the site what you can and can't do. Disney and the like are very particular, be cautious there, good question though Jo

I'd be interested to know the website you are referring to that says you can't sell items with their designs on them. Most digitizers sell designs saying you can use them for personal use, gifts, or to sell. Some digitizers put a limit on the "selling" part, like if you're going to a craft fair and making 10 shirts, that's ok, but if you're a company and going to make 1000 shirts, that's not ok. They're basically keeping it to crafters, not commercial people. Some will even say that it can't be produced commercially without a special contract. Designs that are "licensed", like Disney, Marvel Comics, Laurel Burch, NFL etc. are sold on machine cards usually, or CD's, and it states right on the physical produce (CD, card, other media) that they cannot be used on items for sale. You have to check on each designer/digitizer, to see what their policy is. As far as selling things at a craft fair or consignment shop voiding the warranty of your sewing machine, I really never heard of that one. My Janome dealer encourages us to use our machines. I guess maybe the caution would be general 'wear & tear' on the machine itself, obviously the more you sew, whether for yourself or to sell, the more wear you're putting on your machine. What kind of machine do you have, and who told you that, just out of curiosity. I hope I cleared up some of this for you. Have a good day! Marji

1 comment

by stitchship 29 Aug 2008

I emailed you privately the one that I found out of. I know that there are more sites. Yes, the warranty issue has to do with the wear and tear of the machine.

Most designers allow the sale of items sold with their embroidered designs on them. There are a few, very few, that sell or give away their art or digitized designs, for the sole purpose to be gifted or for personal use by the person that bought the design. It's always wise to double check on the digitizer's or artist's policies. (I forget to check this all too often. I usually don't knowingly download [free or otherwise] items that are so limited.) Too hard to keep separated from the other designs. There is enough to keep track of when downloading. I believe that the copyright laws do not go to the ridiculous, but I don't know where the limit is. So, if a seller says that you can only use his/her designs on black fabric accord to the copyright law. I won't argue. I'll just move on. There are a lot of other artists/digitizers have more reasonable wishes.

Finally, I don't think they will take away your house and kids or put you in jail for one mistake. I only avoid people with those extra difficulties to avoid grief. I don't care for worries and unhappiness. I try to keep smiling as much as possible. *4u

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by stitchship 29 Aug 2008

Thanks for your comments. It really is hard keeping up with all the designs and everybody's rules and regulations! :)

Hey sweetie, what did you mean when you said "you can't use a sewing machine that is not commercial for that"?

2 comments

by stitchship 28 Aug 2008

Well, from what I understand it has something to do with the warranty on the sewing machine.

by stitchship 28 Aug 2008

It voids the warranty or something.

Just always check each designers policy. It will state if they wish for you not to sell items with the design on it. (like the Disney designs) There are a very few I have seen besides Disney that make that request, but better safe than sorry.;)

1 comment

by stitchship 28 Aug 2008

Thanks that is what I will do is I ever decide to sale anything embroidered. I knew that you couldn't use the Disney designs even in cakes you decorate and sell. So I imagined the same would probably apply to sewing and embroidery, but I did not know about the particular designs of a digitizer.

right you cannot sell the design itsself but u may use the design for items you are selling

I believe most products that you make using the designs you can sell or give away. You can not sell the design or give it away.

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by stitchship 28 Aug 2008

That is what I thought too.

Almost every site I have been to their user agreement says basically you can buy or download for free the design, and you MAY use the design for items to sell. You may NOT resell/transfer/share or alter the actual design in the design format w/o the designers permission. I do not recall ever seeing that you can not embroider items to sell. Just go to any site and read their policy they are all basically the same. Hope this helps *

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by stitchship 28 Aug 2008

That is what I thought, but I went to this certain website, and they said that someone was selling items with their designs embroidered on them, and that was a no, no. I was so surprised.