Hi all. Can someone explain why, after paying for a Licenced design from embroiderydesigns.com, it states at the end "these embroidery designs cannot be modified or SEWN ON ITEMS FOR RE-SALE? Jan

I have a question to go with this one. Can you sell the item that you made and specifically tell them that you are giving the embroidery as a gift for buying the item? Thank you for bringing up this subject. Helen

It doesn't make sense to me either. Oh well, they have their rules and we end up doing what they want when we buy their designs.

Those are the regulations the digitiser has to abide by when digitising licensed artwork.The digitiser has no say in this matter.No designs digitised from licensed artwork can be put on items for resale.Those selling items with these on them, have purchased a license to do so. EG, McDonald's have bought the license to be able to be able to use trinkets from Toy Story and Disney with their hamburger deals.Genuine clothing with Disney, sports logos, Hanna-Barbera, Superheroes on them are much more expensive to buy then normal items because the manufacturer has paid the licensing fee.
So, before you blame the digitiser for unfair conditions,please remember, these are conditions the digitiser needs to abide by.

1 comment

by janetedna 31 Dec 2010

sorry, not blaming digitiser at all, and not talking about anything with a trade mark, just single designs in the Licenced section. Adorable Ideas, in their terms of use, permit 50 items for re-sale, anything more a commercial licence is available. That was my query, why a design in the licenced section couldn't be used any differently than any other. Jan

Here in Germany most of the embroidery-sites limited the number you are allowed to sell with the designs on it (most have a limit on 10x the same cloth with their designs). That is one reason why I prefer the american embroiderypages :o)
Last year there are some trouble because they wanted to limited the use on selfmade articles; in that case you cannot pimp one of this armee-bags and resell it or a shirt from a shirtcompany. They had to cancel this limitation but you are not allowed to make applications/ patches and sell them. Anja Rieger Designs p.e. are for personal use but you can ask for a license (you have not to pay for it and it works very easy; they just wanna have a look who is using the designs).
I know that problem with licensed designs especially disney-designs so I would never buy them. Just give you bad trouble cause they have very good lawyers ;o)
They get much money from companies that wanna use so famous designs like Winnie Pooh but they also wanna make money with the private users. Not to bother the first they limited the rights for the embroiderydesigns to "private use" (so they can make double money). Only thing you can do: Never buy...
Greetings, Bettina

Hi there
This is a can of worms lol
I digitise myself so i do respect others work.
I believe that any digitiser should be free to state there own terms of sale CLEARLY not in the small print.
Personally I do not purchase from or download any freebie designs that has any restrictions on them.
Not because I intend to mass produce because I dont like most others I want to be free to use any designs
I have in my own way.
I have shared many of my own digitized designs here in DBC I am not a big licenced company so I could never police how my designs are used once I have shared them.
But I hope that my work brings others enjoyment through my creations, and although there are some
people that will share my designs even though they are free here to download I have to trust the majority to respect my work.
There are many very good digitisers that just ask for you to let others know where you got the design from if asked to help their sales.
Big hugs from London
Maria xx

1 comment

by ansalu 30 Dec 2010

Dear Maria
I agree with you.
When I sell on DaWanda I always write in the descrition who made the designs. I have to do this with the german embroidery-pages (incl. the designer!) but I also do it with my most beloved american pages like DaffyDownDilly (my RW-angels) and Emblibrary. This is my way to honor them. Don't wanna adorn myself with borrowed plumes :o)
Greetings, Bettina

Doesn't seem fair but understand. If I was them I might feel the same way.

I personally think that digitisers who decide that we cannot use their designs on items to be sold should state this on their websites .. on the home page (and on their freebie page if they have one)so that its blindingly obvious for all to see. Not buried in the terms and conditions or about us on their site, not written in microscopic print somewhere on their site, nor in the zip file along with the designs you bought. I totally understand that its the digitiser's right to choose if their designs may be used, but I also think its fair enuf that they let prospective customers know BEFORE they buy, yanno? Hope this didnt sound like a rant, its not meant to be :) I dont sell anything I make either, but I might want that option in the future. xXx

2 comments

by colonies1 30 Dec 2010

I agree

by colonies1 30 Dec 2010

I agree

It's always wise to read the terms and conditions beforehand, especially with licensed designs. Disney is very strict, even when their designs are built-in Brother machines (I have a Brother 190D and it only says so in the user's guide) or you bought their cards you can not sell items embroidered with them. Same applies to the Pfaff cards with Hummel designs - did only see that after I bought them - and those were expensive.

1 comment

by mooie24 30 Dec 2010

mops.. I recall when considering my first machine the brother 150 or the 190D, My dealer was really good and explained about the disney rules.. I was so concerned about having designs that I could not use that I refused the 190D. did not want the temptation. Big hugs Maria xx

Licensed designs, like software programs, belong to the creator and you purchase a licence to use them, but you cannot alter them, or make a profit from selling articles with the designs on them.

The Intellectual Property laws can be very ambiguous and difficult for lay people to understand but, never the less, they are there to protect the creator's right to be able to profit from their creations to the exclusion of anyone who hasn't paid them a License fee, which is far greater then the few dollars we pay them to use their designs.

Doesn't sound fair does it? But if you were named Disney it would. :-)

Hope this helps.
Hugs and happy New Year, Meganne

1 comment

by janetedna 30 Dec 2010

That's my point, Meganne, normally a licence gives permission to use their work for profit, even with a limit to the amount of items you can sell, but this distributor says not to use for re-sale at all.Jan

I do not know the answer to your question, but I avoid sites that need one to buy a licence to use the designs that have been purchased. I consider that I purchase the right to actually use the design along with the design it'self. It will be very interesting to read other thought on this subject.

1 comment

by janetedna 30 Dec 2010

I made a comment but failed to submit it so now Angel will be looking above when it should be below! What I did say was that I understand about copyright and not sharing designs or using them for mass production in a factory but to pay $25 for a single, licenced design and to only be able to use it once or twice is not on. What is the licence for? I'll try and send comments in order in future! Jan

Jan, I, personally, would never purchase designs that stated not to be sewn on items to sell. But, sometimes, designs are created for a specific purpose, such as charity or recognition of a worthy cause. Usually, these designs are given freely, not sold. There are digitizers who request that their designs are not to be used on items for profit, or limit the number of items that can be sold using the design. I can certainly understand not modifying or selling designs, as I did NOT digitize them. But, I will not purchase designs from any digitizer, who will not allow them to be put on items to be sold. I have not begun selling items, but should I choose to do so, I definitely want to feel I can use any designs that I have paid for. I have bought many, many, beautiful designs from several different digitizers, since I have become addicted to machine embroidery, and they all stated I could use their designs on items for sale, but to never give away or sell their designs as my own. That I will adhere to, and fully understand. But machine embroidery is a very expensive hobby, and there may be a time in the future that I need to sell a few embroidered items to recoop some of my costs to be able to continue this wonderful craft!
Angel

1 comment

by janetedna 30 Dec 2010

Angel, I've made a comment above and agree with you that digitisers are very generous allowing you to use their designs and sell items you have made.That is why I was so surprised to see the restriction on a licenced design. Jan