When adding fonts to something. I know you can't add fonts someone has made that states you cannot without permission. But which ones can be used? So when making something you know your legal.

Ok, I'll try again. I'm assuming Embird's Font Engine is like what I have in Janome's Digitizer Pro, where I can digitize true-type fonts. Now, I am NOT a lawyer, this is NOT a legal opinion, but common sense. If you digitize a picture, clipart or your own artwork, and want to add a saying to it by digitizing a TrueType font that's in your computer, I don't see where this is a problem. You can use those fonts to create and print business letterheads, sales brochures, bookmarks or other things to sell. You don't have to ask permission from HP, Dell, Microsoft, whoever, every time you print a letter or brochure. So, essentially you're "printing" a saying on your thread artwork, just printing with thread. When you identifiy the artwork as say from "Clipartopolis", also say the font is "Ariel", or whatever. There are certainly enough designs with "sayings" or some sort on them out there, and I cannot possibly believe every one of those digitizers had to figure out who actually developed the font, sold it to Microsoft, and got permission to use it. I think that would border on the absurd. If it's a specially developed, very unusual font that one would have to purchase separately from the artist, that would be a different story. But the fonts on your computer or from free font sites would, I think, pretty much be in the public domain for all to use. If they can be printed on anything and everything, they surely should be able to be "printed" with thread in a design without censure. I wouldn't get too worked up about it, honestly. Again, I'm not a lawyer. And frankly, unless there is an actual copyright lawyer out there (not a secretary who works in a legal office) that is willing to give us credentials and cite legal precedence with trial dates and defendants, as well as judgments handed down when and where, I'd just go with whatever design you're doing. I hardly think that Embird, Janome, Wilcom, ALL the major digitizing programs would have a way to digitize TrueType fonts if it were illegal to do. They write these programs for professional digitizers who sell their design files, if there were a problem there should be a disclaimer, a warning, and there certainly is NOT one in my Digitizer Pro. Just go for it, and don't lose any sleep over it. Hugs, Marji

2 comments

by spendlove 30 Oct 2013

That all makes sense to me! Thanks for taking the trouble to express it all so well.
Embird assure me that I may sell designs made with their plug-in alahabets. Surely it must be the same if I had digitised the same font myself.

by marjialexa 30 Oct 2013

I can't see why not, Sue, Janome Digitizer Pro gives me certain "pre-digitized" fonts in the program, and they don't say I can't use them in designs to sell. Go for it. Hugs

How does it work if you use Embird Font Engine or digitise a font from your computer from scratch? Does the original designer of the font hold the rights, even though it is in every computer in the world and may be used on posters and advertising materials every day?

2 comments

by highlandermom 28 Oct 2013

Bless your heart that is what I have been trying to say.

by marjialexa 29 Oct 2013

And I think I said in all that verbiage above is, "No". Got to be pretty much something like "public domain". Would you have to pay royalties to the New York Times for using "Times New Roman" in your business letterhead? Just absurd, totally. Go for it!

I'm a little unclear on what you're asking. I have used designs I purchased or downloaded free from Cute and added wording to them, some from my digitizing software, some from the built in stitches on my machine. These were for towels and shirts for my own use. I would also not hesitate to do this with things to sell at craft fairs, if I did craft fairs. I'm not sure what you mean by "add fonts someone has made that states you cannot without permission." I'm all for obeying copyright law, and if a designer says you aren't allowed to change their design, ok. But I'm not sure anyone can read into copyright law that you cannot put two separate designs, one "picture" type and one "lettering/font" type on one garment or item. For that matter, I have put a half dozen different designs on one t-shirt. Now, you can't combine the designs and sell or give them away as your own "new" design, I think that's obvious. But adding a font to any design is just putting 2 designs on one item, I would think, unless I'm not understanding your question properly. Hugs, Marji

1 comment

by highlandermom 27 Oct 2013

Reason I asked was to make sure picture I made I know I drew.... but if I add font which I did not draw but put into Embird font engine is that OK ? I know some font sites do make clear you must purchase or ask for permission and I know that would be what I would have to do.

I asked Embird and they say I am allowed to sell designs digitized with their plug-ins (Embird Alphabets).

You may use any legally obtained font to add lettering to any legally obtained design unless you have agreed otherwise in writing (or in a click through agreement when downloading) with the digitizer/owner. You may not make a new design with the lettering and claim it as your own or make make it available to others. Many digitizers erroneously believe that by adding the phrase "do not make changes or sell stitched designs without permission" and "Licensing" is sufficient control. However, my research indicates that copyright law (First Sale Doctrine) allows the legal owner to use and dispose of copyright protected material as seen fit.

We all must agree that copyright law is confusing at many levels. The best policy is to follow the wishes of the digitizer whether or not we agree with any conditions or limitations set forth when obtaining designs. Always read the "Terms and Conditions" prior to purchasing or downloading to determine if you agree to follow them.

1 comment

by highlandermom 27 Oct 2013

If I made something and it was with Times Roman been around forever.... I know it is not mine. But I just want to be able to add saying to picture from time to time and know I am Legal. Elsewise I will draw my pics and share and others can add their own words. I feel what I have done so far on Cuties was legal with words. If not then guess I will know when Miss V gets done.

I use the Embroidery Fonts Plus software with their fonts. I asked what the position was about sharing finished designs and they said it was allowed.

5 comments

by highlandermom 24 Sep 2013

So that means regular fonts you have in machine you finish? I got sew what pro, and Embird font engine.

by spendlove 25 Sep 2013

I don't know about the built-in fonts, but I would think that the ones you make with the font engine would be OK.

by sewilso 26 Oct 2013

How expensive is that Sue? I've never used anything like that. Is it easy to learn?

by spendlove 27 Oct 2013

EFP software is free!

by highlandermom 27 Oct 2013

Boy this sure does have mind boggling moments. But I am trying to do right and understand. Thanks Sue for answering.