33451✽
I started reading their Partial license requirements, and these screen shots are some of what I found. If you do ANYTHING with embroidery purchased or gotten for free using artwork by these folks, HEADS UP!!! The only thing you can do with it legally is use it for yourself. If you do anything else, like even charity things, YOU HAVE TO PURCHASE THEIR LICENSE!! They give a partial list of digitizers who use their artwork, that's why this got my attention. Some of them are digitizers I see mentioned here over and over again as having freebies, or good designs. I REALLY don't want any of you to get in trouble with these folks, because they sound really fussy and would prosecute. I'm going to attach the screen shots, but PLEASE go to their web page & read for yourself. I don't know how many of the digitizers, while they might give credit to where the artwork came from, would point you to the webpage to find out how you might use the design. Boy this kind of stuff scares me about using any designs for profit, or even non-profit. Please read on>>>>>
Comments (15)
33451✽
by
marjialexa
30 Apr 2009
+10✽
Here are the screen shots from their website regarding the digitizers and their license. I know they're very small and hard to read, you can try to enlarge the magnification on your screen, or go to the website, please.
145305✽
I went to their website and read the lot. It amazes me that you have to buy the partial license if your embroideries made with purchased embroidery designs make money for you or for charity in any way. I have bought a number of embroidery cards (the Brother Disney ones), cd's (the Pfaff Hummel disks) and a few Husqvarna ones that turned out to have a 'personal use only' warning in very fine print on them. But having to buy a partial license without the embroidery site stating you have to is misleading! I wonder if they really could sue you in that case. Non-digitisers would not be tempted to see what graphics are for sale for digitisers, would they? I know the old 'buyer beware', but could you expect buyers to check this out? Scary!!
2 comments
Oh, it gets better! They have Designs Sew Fine and Stitch Delight listed as customers. I went to both websites, and read their terms of use. Their terms of use stated that the purchased designs could be used for resale. NOWHERE did it say you had to contact Cute Graphics! I also don't see a lot of information on most sites where the graphics come from, and you can't get into Cute Graphics to see their artwork unless you purchase a subscription. So, how would you even know if you were using something with thier art? I don't know if they have the sites I copied from their data listed because they have purchased artwork, or if they are actually using it. Perhaps these sites purchased and then thought the better of digitizing the art with these kind of restrictions. I just think it's pretty darn wild that you're expected to follow the rules meticulously, but you can't find out if you're using their art until you get the court papers, I guess. I know ignorance of the law is no excuse, but when you're doing due diligence and trying to find out, and can't do that, how are you supposed to be held responsible? Most interesting! From the little clips I've seen, they have some cute artwork, but I wouldn't take it all if it were free! I'm going to take art lessons, I guess. No wonder you see everyone using artwork from Clipartopolis, JDS, and Stitch Delight. They don't make trouble. Hugs, everyone, Marji
Sorry, not Stitch Delight, I meant Designs in Stitches for artwork, duh.
7293✽
So far I only do personal embroidery, but hopefully down the road I can get my hobbies to pay for themselves. The more copyright info I read the more I'm convinced I need to get my photos converted to artwork and digitize my own stuff. Sure wish I had a talent for drawing!
27608✽
yep me to wish I knew more about digitizing and drawing............oh well.......*4u
8733✽
Thank you for sharing this info, honestly! I have been to a few of the sites listed and I doubt if I will be able to remember 6 months down the line who gave what as a freebie, I have a hard time remembering it now, even less so when it comes to who did the artwork for this or that designs. Am I to run back and forth with each design to see if it's save, surely, my time is more valuable! Some sites might even have changed their artwork supplier in the future, where will that leave me trying to trace the artwork ref for a design, needless to mention those sites not listed or who have lost their licenses? I'm glad on the one hand I only recently got a pc and that the list of designs are still short, also, I have yet to test stitch any of those designs!, Good thing I waited! For now this means I'll have to waist my time back tracking each design and for those designs left with no reference it means the bin!
3 comments
This seems to be only this one graphics site that's doing this, and frankly I'm not sure how much I would worry about it. After reading the copyright/terms of use on a couple of the sites he referenced as using his art, I found no referenct to having to contact his website to use the designs made with his art. I couldn't even go thru his catalog of designs to check to see if any matched, because if you don't pay for a license, you can't see the catalog of designs. Well darn, then!! How are you supposed to even check, assuming you would have the time to do so? I do not even know for sure if the designers he mentioned are actually selling designs based on his artwork or not! Maybe they just made purchases and decided not to use the art because it was such a hassle. It's always wise to save one copy of the copyright/terms of use statement for each designer, and always wise to mark where you got each design. That would be in case you want to use them for profit. I wouldn't put anything in the bin just yet. Just make sure from here on out, you have the info you need. Did you know that you can right-click on the file name, and put the digitizer and other info in "properties" (I think) to save with the file? That way you know where each one came from as you save it, and can find it wherever you might move the file, the properties stay with the file. Best of luck, don't worry too much, hugs, Marji
On the 4th insert it states that "not all sites are listed here, if you purchase embroidery with our art" (???? dbl check each design, just incase) "AND your digitizer is NOT listed here, PLEASE CONTACT us for info". Thus no excuses!
Marjialexa, thank you for the right click tip, never knew that and I will happily use it in the future!
145305✽
122864✽
WHOA! I'm glad I mostly digitise my own artwork or public domain.
I have licences and proof of purchase for ALL the artwork I have bought and put aside ready for digitising, when I feel better. I also have been in contact with Clipartopolis regarding licencing of their free artwork, alterations and personal interpretation. They are lovely to deal with, as is Clipartoon, DiddyBag, Prim Country Graphics, DesignStitch and Delightful Doodles. I am happy with my suppliers' Licencing terms and will only buy artwork from artists with whom I am totally in agreement with their terms and conditions, because this is what I pass on to my customers, with my designs.
One thing I do not want, is to find myself being sued for breach of copyright. As an (ex) para-legal and Justice of the Peace I am aware of what the penalties are and am just not prepared to take such risks.
This is what I try to point out to other Cuties when I believe they have illegally digitised designs without licences. I am not trying to be a spoiled sport or party pooper, but just trying to save them and Miss V from prosecutions due to ignorance.
So Cuties when you ask for a design to be digitised, these are my reasons for always demanding YOU have written permission to be using the artwork. If you don't, I will not digitise it unless I have your word in writing that you will not sell projects made with the design and that it is for personal use only, WHICH, BTW is why I DON"T CHARGE to digitise such designs.
A legal loophole, that if I have not profited from such work and if I have not advertised nor broad-casted (publicly displayed) such work, then I cannot be prosecuted for making money illegally from artwork I don't own. And if I have your word in writing and you are caught selling such designs on projects, I am not liable, you are. Emails are accepted as evidence in Australian Courts and I keep ALL my correspondence.
Thanks so much for this timely warning Marji, I certainly will not purchase any designs from any of those on the list. The risk is too great and Ignorance is NO DEFENCE in the eyes of the law, also applies here in Australia.
Hugs n roses, Meganne
I have licences and proof of purchase for ALL the artwork I have bought and put aside ready for digitising, when I feel better. I also have been in contact with Clipartopolis regarding licencing of their free artwork, alterations and personal interpretation. They are lovely to deal with, as is Clipartoon, DiddyBag, Prim Country Graphics, DesignStitch and Delightful Doodles. I am happy with my suppliers' Licencing terms and will only buy artwork from artists with whom I am totally in agreement with their terms and conditions, because this is what I pass on to my customers, with my designs.
One thing I do not want, is to find myself being sued for breach of copyright. As an (ex) para-legal and Justice of the Peace I am aware of what the penalties are and am just not prepared to take such risks.
This is what I try to point out to other Cuties when I believe they have illegally digitised designs without licences. I am not trying to be a spoiled sport or party pooper, but just trying to save them and Miss V from prosecutions due to ignorance.
So Cuties when you ask for a design to be digitised, these are my reasons for always demanding YOU have written permission to be using the artwork. If you don't, I will not digitise it unless I have your word in writing that you will not sell projects made with the design and that it is for personal use only, WHICH, BTW is why I DON"T CHARGE to digitise such designs.
A legal loophole, that if I have not profited from such work and if I have not advertised nor broad-casted (publicly displayed) such work, then I cannot be prosecuted for making money illegally from artwork I don't own. And if I have your word in writing and you are caught selling such designs on projects, I am not liable, you are. Emails are accepted as evidence in Australian Courts and I keep ALL my correspondence.
Thanks so much for this timely warning Marji, I certainly will not purchase any designs from any of those on the list. The risk is too great and Ignorance is NO DEFENCE in the eyes of the law, also applies here in Australia.
Hugs n roses, Meganne
4 comments
Dear Meganne,
Brilliant response to this "hairy" point. I'm so glad you are in our country and for all your knowledge, help and assistance.
Hugs, love and blessings to you Chris
Brilliant response to this "hairy" point. I'm so glad you are in our country and for all your knowledge, help and assistance.
Hugs, love and blessings to you Chris
Dear Meg I feel the same about taking any designs from those on the list, what about those not on it??? Since this company clearly states to contact them if your digitizer is not on their list. All fair and well if the digitizer states clearly where he/she got their artwork from, but it's obvious from these pasted pages that some sites did not. Would it be to much hassle for the digitizers to mention this little matter when they add a read me with their designs in the ZIP files, so that the rest of us may embroider in peace??? Love and hugs Megg!
Yes, it is a risky business.
My biggest worry is the fee designs in Designs by Cuties, as some people obviously are not aware of copyright laws, or just don't care, or are in Countries that do not honour them.
But this will not protect Cuties who download such designs and then offer them for sale, IF they get caught selling projects with unlicenced designs on them.
And we can't think it won't happen to us, who'd ever see my work or whatever.
A case in point, some years ago a lady at the local bowling alley (up home in a quiet resort town) decided to sell some of her Winnie the Pooh and Bananas in Pyjamas, kiddies clothes and had them on display in the Bowl's coffee shop. She found herself in Court being sued for breach of copyright, selling unlicenced designs on clothing and several other related charges.
And this came as a great shock because no one would have thought that such an out of the way village would ever come to the attention of the Disney Corporation. You just never can tell!!!
hugs n love, Meganne
My biggest worry is the fee designs in Designs by Cuties, as some people obviously are not aware of copyright laws, or just don't care, or are in Countries that do not honour them.
But this will not protect Cuties who download such designs and then offer them for sale, IF they get caught selling projects with unlicenced designs on them.
And we can't think it won't happen to us, who'd ever see my work or whatever.
A case in point, some years ago a lady at the local bowling alley (up home in a quiet resort town) decided to sell some of her Winnie the Pooh and Bananas in Pyjamas, kiddies clothes and had them on display in the Bowl's coffee shop. She found herself in Court being sued for breach of copyright, selling unlicenced designs on clothing and several other related charges.
And this came as a great shock because no one would have thought that such an out of the way village would ever come to the attention of the Disney Corporation. You just never can tell!!!
hugs n love, Meganne
Disney is EVERYWHERE, we had a case in little Erie, PA, where they closed down a bar because it was named "Goofie's"--apparently you have to be careful using Disney WORDS as well!!
122864✽
ttt!!! Please read and beware.
1 comment
I spoke to my brother some time ago about copyright laws in the Netherlands, he is a lawyer specialized in copyright and protected brand names, amongst other things. Here we have rather strict laws as well, there's no official detecting of breach, that's left to the copyright holder, BUT once caught the penalties are just as heavy as anywhere else. When I see sites like 'helpmijnmoederborduurt' I feel very uncomfortable, the more so as I contacted them and the answer to my question about copyright was: we don't sell the patterns, you may use them. The fact that they have a Turkish domain name might be a warning, but for some people ignorance is bliss and the site is mentioned time and again here.
33451✽
by
marjialexa
02 May 2009
+5✽
TTT. Personally, I think that Cute-Graphics attitude stinks!! I totally believe in copyright laws, and being able to make a profit from your intellectual property. But they have these sub-clauses that are downright sneaky, stating you have to purchase a license from them to use any of their digitized artwork in a 'for profit' manner, even if it's a charity fundraiser! I can understand commercial production, or more than 25 pieces of the design, etc., a lot of licensed art is limited in this way. But a church fundraiser? Seems like they surely want a lot of revenue from one piece of art. I would not purchase their stuff no matter how cute it is, and subject my customers or friends to their convoluted rules.
Please, please go to their website and read the whole thing for yourself. If you deal with any of the designers they have listed, please contact those designers for clarification of why they are listed on this site, and if they have actually used any of the Cute-Graphics artwork to digitize and sell designs. I don't know if Cute Graphics has just put a list of digitizers that purchased their designs, or what. Please give the digitizers the benefit of the doubt, and ASK them if they have actually digitized any graphics from this site, and which sets if so. This may be a list of purchasers, not necessarily digitized. I know Carol from Designs Sew Fine, and I have the feeling she wouldn't be getting into this kind of copyright hassle. If she purchased, I'd bet she didn't use the designs for resale. Please don't just cut off these listed digitizers because of something the Graphics site said, ask them if they've used the graphics, and they know about this problem. The Graphics people may have come up with this AFTER designs were purchased, because they do say they have the right to change their terms any time they want. (Apparently you have to check every day to see if you can use your stuff you bought or not? What nonsense!!). Please don't punish digitizers for what this Graphics company does, I'd hate to see that happen. Hugs, Marji
Please, please go to their website and read the whole thing for yourself. If you deal with any of the designers they have listed, please contact those designers for clarification of why they are listed on this site, and if they have actually used any of the Cute-Graphics artwork to digitize and sell designs. I don't know if Cute Graphics has just put a list of digitizers that purchased their designs, or what. Please give the digitizers the benefit of the doubt, and ASK them if they have actually digitized any graphics from this site, and which sets if so. This may be a list of purchasers, not necessarily digitized. I know Carol from Designs Sew Fine, and I have the feeling she wouldn't be getting into this kind of copyright hassle. If she purchased, I'd bet she didn't use the designs for resale. Please don't just cut off these listed digitizers because of something the Graphics site said, ask them if they've used the graphics, and they know about this problem. The Graphics people may have come up with this AFTER designs were purchased, because they do say they have the right to change their terms any time they want. (Apparently you have to check every day to see if you can use your stuff you bought or not? What nonsense!!). Please don't punish digitizers for what this Graphics company does, I'd hate to see that happen. Hugs, Marji
2848✽
IMPORTANT-THOSE WHO ARE CONCERNED PLEASE READ. It explains in layman language. Companys try to intimidate us since we are not lawyers. Just be sensible and don't mass produce items with the design on it(100s for retail sale)or claim as your own if it is not.That includes using pieces of someone elses design.
1 links:
[1]
http://tabberone.com/Trademarks/CopyrightLaw/EmbroideryDesig...
tabberone.com
5 comments
Usually being sensible works. But go to the Cute-Graphics website and read their Partial License for yourself! They state right up front you have to PAY them if you're using the design for charity when you have already purchased it from a digitizer. M
federal law supercedes any rule by a private company
I'm curious dec716, Do you have the money and time to fight this argument through the Courts?
If they have registered their licencing terms and conditions then I'm afraid you would find yourself in lengthy and very costly litigation, which you would probably lose.
Far better to avoid the whole issue and buy from other, more reasonable, less greedy, graphic designers.
Just MHO. hugs n roses, m
If they have registered their licencing terms and conditions then I'm afraid you would find yourself in lengthy and very costly litigation, which you would probably lose.
Far better to avoid the whole issue and buy from other, more reasonable, less greedy, graphic designers.
Just MHO. hugs n roses, m
Also, assuming the Federal you're talking about is USA, and the 'company' you're talking about is USA? I don't think these graphics companies are. Besides, it's their license for their artwork. They can sell with whatever restrictions they please, and those restrictions are published, and publicly available. Your purchase is your agreement. You can't purchase the license, then decide it isn't 'sensible'. It was surely not 'sensible' for the courts to award the silly McDonald's hot coffee woman all that money for being stupid enough to spill hot coffee in her lap, but they did it anyway!! Sorry, but 'sensible' just doesn't cut it with me about this issue.
And where do you draw the line at charity? My kids are young and loads of clothes only last a season or 2, leaving the clothes in still good condition. Instead of binning the clothes I donate it to the a well known charity organization, who in turn ships the clothes off to poorer countries and resells it very cheaply to the poor. If I'm reading this companies terms right, I'll indirectly be putting this charity at risk if I should choose to use any designs (that I've got from a digitizer) with their artwork on it. NO thanks!!!
Art is art, fair enough, BUT digitizing is also art and once a picture is digitized it's a new creation as far as I'm concerned.
Art is art, fair enough, BUT digitizing is also art and once a picture is digitized it's a new creation as far as I'm concerned.
8287✽
Wow .. looks like I opened a can of worms and everyone went fishing. Thanks to all of you for the research. I'm almost to the point where the only designs I want to buy or get as a freebie to sew out are ones that say "CAN BE EMBROIDERED ON ITEMS AND SOLD" ... This is just in case I do want to sell something I've embroidered. I have a big collection (as you all do), and DON'T KNOW WHICH ONES I CAN EMBROIDER AND SELL AND WHICH I CAN'T. How can we keep track? Any ideas? Thanks again Marjia. GG
1 comment
I have no intentions of selling my projects anyway, so hopefully I will never have that problem.
If you use any of MY designs from Designs by Cuties area, you can do as you please with your projects. It would be nice if you mentioned who digitised the design as a little cudos goes a loooong way.
Just please don't share the actual designs, you should direct friends to this website where they are freely available anyway.
Hugs n roses, M
If you use any of MY designs from Designs by Cuties area, you can do as you please with your projects. It would be nice if you mentioned who digitised the design as a little cudos goes a loooong way.
Just please don't share the actual designs, you should direct friends to this website where they are freely available anyway.
Hugs n roses, M
33451✽
by
marjialexa
03 May 2009
+2✽
When I download patterns from a site, I keep a copy of the copyright information, terms of use. If you right click on the file name, you'll get a summary tab, where you can enter the information of where you got the file and how you can use it. I'm attaching a screen shot, hope you can see it. This information will stay with the file, no matter where you put the file, that way you can know what you may or may not do with it. Hugs, Marji
2 comments
Well Marji, this suggestion made my life a bit more complicated and downloading more time consuming, but at least I'm thinking of you with every detail I add - hee hee. I've quite a collection already, wonder if I'll do that to every design I have. But it makes life easier. Now I sort site first, category second. If I added the information in properties I could sort categories only. Maybe I'll find the time some day.
Great suggestion Marji. Hugs n roses, M
8431✽
33451✽
by
marjialexa
06 May 2009
+4✽
ttt because Cute-Graphics and Graphics and Graphics are sister sites. Graphics and Graphics posted about having some cute artwork for digitizers. Yes, they do, but you better all READ EVERYTHING on thier sites before you get involved with these people!!!!!
4437✽
This is another reason that I am doing my own designs and own digitizing.....and when I get to the point of sharing I won't be so nasty. I do understand business, but heck, some of this is pure greed and intimidation.