I have read of some "horror" stories, concerning sites giving away Disney, or selling dirt cheap, and also purchases from ebay. Does anyone have any knowledge of the copywrite laws, they would be willing to share. I have read the legal definitions and I am still confused. Thanks in advance for any help.

you hv to be so careful; Disney designs must be purchased legal only. Ask advice of contact person of site, usually they are pretty good or can direct you (if they're on the up & up). Just don't ever give designs away, use for gifts, etc. as allowed. When in doubt ask ! If you don't feel comfortable abt something, don't use it *:*

1 comment

by auntie 07 Dec 2008

Just so there is no confusion, I wasn't speaking of Disney designs, but more so of the cases where Disney will confiscate and sue those who possess illegal designs. I am to scared to have illegal designs on my PC, but, my question was meant to be isn't the copywrite laws the same even if a site gives designs away? Thanks for taking the time to help.

Thank you Marjialexa, it's always good to know!
*4U

Thanks for the very good question....

International copyright laws are written in pretty deep legal language, so no wonder you're confused. I am not a lawyer, so don't think of this as 'legal' advice, ok? But companies like Disney, NFL, NASCAR,Sanrio, etc. 'license' thier artwork to be used by other companies to produce things for profit, such as coloring books, clothing, and embroidery designs. That 'license' to use the art is usually very expensive, and has to be negotiatied with the owner of the artwork. When reputable companies use the art, they put a disclaimer somewhere on the product that it's an "officially licensed" product. Now, I have a hard time believing that Disney, who has an exclusive contract with Brother, and whose Disney cards can only be used in the Brother Disney machine (I'm pretty sure) would be licensing Disney characters to foreign websites cheaply enough that they could be digitized & given away free or sold for ridiculously low prices. I'd have to guess these designs are being digitized from comic book figures, or coloring books, without the permission of Disney. Because they are in a foreign country from the USA, they think they can get away with it. You'll find some USA sites with these, too. Personal advice, stay away from them!! Disney is an exceptional prosecutor of copyright infringement in any way, not just embroidery designs. Some of the horror stories are urban legends, some are definitely not. I live in a small town in Northwest Pennsylvania, and Disney sued a local neighborhood bar for copyright infringement because it was named "Goofie's" and had a picture of a dog on the sign. Seriously, and they won! The law is called "International" copyright law for a reason, and just because these sites ignore it doesn't mean it doesn't apply. If the license holders choose to prosecute, they will win. They have the money & lawyers & investigators to do it. And they will extract from the computers the ID number of every computer that downloaded these illegal designs. Will they come knocking on your door? You bet!! If they decide to prosecute, they'll get every last person that got these designs. Ignorance of the law is no excuse. Personally, no design is worth this much grief to me. Stay away from anything you don't know. If you ask to see the license & they don't answer you, delete them off your list. And yes, you can and should ask that question! Some think it's rude, but this is one case where being 'nice' can get you in a lot of hot water.

Additionally, all artwork belongs to someone. If you didn't draw it, it's not yours to use. If you get free artwork from Clipartopolis, or purchase some, you get a list of rules to abide by to use that art. One rule is usually to note where the art came from. You'll see this in the Designs by Cuties download section, every design there has listed the provenance of the artwork.

Use your best judgment, stick with reputable (that does not always equal popular) sites, look for verification on big name type designs, and remember that if it seems too good to be true, it probably is.

Best of luck, thanks for asking the question! Marji

3 comments

by bzmom 07 Dec 2008

Very Good Advice :)

by mops 07 Dec 2008

Thanks for explaining this again, Marji.

by auntie 07 Dec 2008

Thanks Marji, what you have stated was my understanding, also. I appreciate that you took the time to help me. I know Disney does "come" after you. I saw it happen at a local flea market. A lady had both of her emb. machines and her computer confiscated, along with all her inventory and supplies. So I don't doubt they are serious. My question was really concerning designs given away free, from sites outside the US. Not to single out anyone, but, such as the current advent calendar give away, that reminders are going out for. I am to scared to have those licensed designs on my PC. I was wondering if I was wrong in my thinking, just because they were given away. I still think it is a violation of the law. As always, though, everyone else is held to their own interpretation of the law.