Hi Cuties, I heard a wonderful new tip today. Went into embroidery shop and the one lady ask if someone can embroider a block about 40cmx40cm with a design of Lion King for her. She is on her way to a baby shower (Stork tea) and everyone that go to this party must bring a block with a design of Lion King with them. This is the theme of thie party. I think this is a good idea. Now they can make a quilt for the new baby with all the blocks. What do you think. Marie
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5762I think it's a good idea. All baby showers will have different themes, so many items can be used.
38558I would be a little worried about the copyright laws for Lion King - otherwise a great idea. Sarah.
255054That is an awesome idea Marie I will remember that when there is a new baby coming in the family. Hugs Louise
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15022Great idea - a wonderful opportunity for the shop owner too. Don't you think she has a market for selling embroidered quilt blocks. Also a great treasured gift for anyone.
12667Carolyn V. Peters is a licensed attorney who specialized in Intellectual Property including copyrights, patents, and trademarks.
Question: If my guild makes a quilt using a published pattern, can we use it as a fund-raiser/raffle quilt, or is this an infringement of copyright laws? Carolyn responds:
The answer to your question is in short, yes, you may use a published pattern for a raffle quilt. Moral rights, which are not actually part of the copyright law in the United States, make it appropriate for you to credit the designer in any advertising you do. Some states do have statutes that protect the rights of designers and artists may require you to give attribution to the designer.
16 comments
by moyed
31 Jan 2012
Embroidery Designs and how they are affected by copyright law.
When someone releases patterns into the stream of commerce they effectively have relinquished control over the uses of that pattern regardless of the format of that design. Embroidery designers want to control the use of their designs as much as the manufactures of regular fabric patterns. They do this to create a larger market for their product. They do this in direct conflict with federal laws. And we are dealing with two types of embroidery patterns here: the hand-stitch and digital.
by moyed
31 Jan 2012
Embroidery designers want to control the use of their designs as much as the manufactures of regular fabric patterns. They do this to create a larger market for their product. They do this in direct conflict with federal laws. And we are Embroidery designers want to control the use of their designs as much as the manufactures of regular fabric patterns. They do this to create a larger market for their product. They do this in direct conflict with federal laws. And we are dealing with two types of embroidery patterns here: the hand-stitch and digital.
Who in their right mind is going to spend thousands of dollars on a digital embroidery machine and software that says you cannot give away or cannot sell what you embroider?
Digital embroidery manufacturers have a double whammy when trying to comply with copyright law. Not only do they need to protect the final design but they need to copyright the computer program that makes the final design. The embroidery pattern is a set of instructions to a computer for making a utilitarian object. While the way those computer instructions are expressed is copyrightable, the finished item is utilitarian and not subject to copyright. And one federal court has ruled that embroidery software is not copyrightable.Logically, how can a copyright extend to the item made using the digital embroidery pattern? The digital embroidery copyright only covers the embroidery software not the end product. To be guilty of copyright infringement one would have to copy the software and sell it or give it away. The purchaser, that being you, buys the digital embroidery pattern for a fixed amount of money. It is now yours and the manufacturer no longer has any legal control over what you do with the pattern except that under Copyright Law you may not:
by moyed
31 Jan 2012
Not only do they need to protect the final design but they need to copyright the computer program that makes the final design. The embroidery pattern is a set of instructions to a computer for making a utilitarian object. While the way those computer instructions are expressed is copyrightable, the finished item is utilitarian and not subject to copyright. And one federal court has ruled that embroidery software is not copyrightable.
by moyed
31 Jan 2012
While the way those computer instructions are expressed is copyrightable, the finished item is utilitarian and not subject to copyright. And one federal court has ruled that embroidery software is not copyrightable.
by moyed
31 Jan 2012
Logically, how can a copyright extend to the item made using the digital embroidery pattern? The digital embroidery copyright only covers the embroidery software not the end product
by moyed
31 Jan 2012
To be guilty of copyright infringement one would have to copy the software and sell it or give it away. The purchaser, that being you, buys the digital embroidery pattern for a fixed amount of money.
by moyed
31 Jan 2012
To be guilty of copyright infringement one would have to copy the software and sell it or give it away. The purchaser, that being you, buys the digital embroidery pattern for a fixed amount of money.
by moyed
31 Jan 2012
It is now yours and the manufacturer no longer has any legal control over what you do with the pattern except that under Copyright Law you may not:
Make copies of the digital embroidery software to either sell or give away
Post a copy of the digital embroidery software on the internet for others to use
Modify the digital embroidery software and sell it as your own
by moyed
31 Jan 2012
Post a copy of the digital embroidery software on the internet for others to use
Modify the digital embroidery software and sell it as your own
Under Copyright Law you may:
Make a copy of the digital embroidery pattern for your personal use
Make more than one end product for personal use or for sale from the digital embroidery software
Many digital embroidery pattern manufactures falsely claim that you cannot make items to sell from their patterns without their approval or a license.
by moyed
31 Jan 2012
Under Copyright Law you may:
Make a copy of the digital embroidery pattern for your personal use
Make more than one end product for personal use or for sale from the digital embroidery software
by moyed
31 Jan 2012
Many digital embroidery pattern manufactures falsely claim that you cannot make items to sell from their patterns without their approval or a license. Like other software, digital embroidery software are sold, not licensed.
by moyed
31 Jan 2012
The 8th Circuit in 2006 ruled that embroidery software was not really software, which is interactive, but actually mere "instructions" to a sewing machine saying that Action Tapes' memory cards contain only data, not computer programs, and are not covered by federal software laws.
by moyed
31 Jan 2012
not covered by federal software laws.These claims of expanded limits on the copyrights are false and unsupported by federal law.
by moyed
31 Jan 2012
federal courts have regularly rejected attempts by copyright holders to expand their right beyond those allowed by statute. So why do they continue to do it? Because they can. And often, people believe their claims.
Read the rest at the website.
by bokkieborduur
01 Feb 2012
Thanks this was only an Idea that I posted. The lady bought her designs and ask if someone would only embroider one design for her. Hugs Marie
39739How very annoying...links are not copying.
Copy and paste.
www.tabberone.com/Trademarks/copyrightLaw/EmbroideryDesigns.shtml
www.tabberone.com./Trademarks/CopyrightLaw/Patterns/TownHallArticle.shtml
39739Here are 2 web pages to read about so called copyright use of designs. Makes very interesting reading. Rather than posting what we think is the right answer, we are not trained legal advisers and should not give legal advice NO matter how knowledgable we feel. hugs Helen
www.tabberone.com
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211079I once read that Disney fabric and designs are for personal use only and cannot be used on items to be sold. A lady made a quilt for a charity raffle and was told that she could not donate it.
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25169Will remember this with the next little one in the family. Thanks
72397Wow! S this is like a resgistry for a quilt, and the shoppe is goning to make the designs? If the guest are stitching them, then the only place I know to purchase licensed lion king designs is iboridery.com. That is because Brother Embroidery Machines has a contract with Disney. They cost about $7 a piece and there are not that many. Here is the link.
173695Brilliant idea Marie. I am sure the ladies bought their designs! Jy weet wat ek bedoel
1 comment
18960Super idea, and what a wonderful gift for the new mommy,
thanks
Michelle
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