Community / Embroidery /
28916
by modo 03 Aug 2009 ( edited Aug 04'09 09:37 )
+27

What do you think? I have some old embroidery designs for transfer with hot iron, is it ok to digitize them or are they copyright?

Comments (12)
211079
by shirlener88 03 Aug 2009
+5
WOW - now that is a good question. Hope the digitizers help with this one - would love to see some of the old embroidery come forward. *4U
1 comment
by modo 04 Aug 2009
*4U
by Cutie #8325809 03 Aug 2009
+6
well it is acording on how old they are i think if i am correct that it is like 80 years then it is ok
4 comments
by mpo14011 03 Aug 2009
You are sort of right Mary. In Australia the copyright lasts for 70 years after the person's death.
by modo 04 Aug 2009
my mom had them, some are from her mom...how old, I do not know, paper is yellow, some have birds, cup ans saucer, flower etc
by simplyrosie 04 Aug 2009
There are some restrictions here too Mary. For instance, Elvis Presley International won't allow you to use Elvis' images, even after years later he will be dead 80 years... I'm not up on this, but a corporate attorney that deals with copyrights would know. I'll try and remember to ask some of the lawyers we have on staff.. might not be an area of expertise for them, but it's worth a shot.
by mpo14011 04 Aug 2009
In the States you can take out an extended copyright.Which means that the owner of that picture or artwork has extended the copyright to beyond 70 years after death to any amount of time he/she chooses.
When you deal with photographs, the copyright of that photo belongs to the photographer.
67271
by bevintex 03 Aug 2009
+2
Are they Aunt Marthas from colonial patterns.
All her designs are copyrighted and digitizing is strictly prohibited. I would almost bet other brands would be too.
Bev
1 comment
by modo 04 Aug 2009
*4U
88650
by manami 03 Aug 2009
+3
I assume you can't digitize them. I tried to digitize a sugar skull copied from a tatoo, and one comment that I couldnt digitize it was rised that time, so I changed the design so I could give it to Cuties. If you change it will be not a problem, plus you will have your own artwork.
Love, Yoriko
1 comment
by modo 04 Aug 2009
Thanks
27382
by mpo14011 03 Aug 2009
+3
All pictures are copyrighted. As soon as something is put down for everyone to see there is an automatic copyright on it.
You would have to make a lot of changes to it so it becomes unrecognizable from the original.
1 comment
by modo 04 Aug 2009
thanks
12707
by daisy530 04 Aug 2009
+3
If you are not selling them, and have the original transfer, who is going to tell you how to stitch them out?
6 comments
by modo 04 Aug 2009
make sense
by bevintex 04 Aug 2009
That still doesnt make it right.
Bev
by daisy530 04 Aug 2009
If I buy a dress pattern, the pattern company CAN NOT tell me how to put it together-- by hand, by machine or tape--they also can't tell me what to embroider on a pocket on that dress.
by bevintex 04 Aug 2009
She is not talking about stitching them. She is talking about copying them. Follow your conscience!
Bev
by daisy530 04 Aug 2009
Question is "can she digitize them?" She did not say COPY.
by bevintex 04 Aug 2009
I dont feel like arguing. Just stating my opinion.I am done now
Bev
27382
by mpo14011 04 Aug 2009
+2
Look, I think if you are not planning to sell them, but only use them for your own personal use, it should be OK.
1 comment
by modo 04 Aug 2009
thanks
145791
by lbrow 04 Aug 2009
+3
I have some old Workbasket magazines from early 40s that have the hot iron transfers in them & have often wondered if they could b digitized. glad u asked the question *
2 comments
by bevintex 04 Aug 2009
I love the old workbasket magazine, some of the old stuff is becoming new again. I used to have a bunch of them but dont know what became of them
Bev
by modo 04 Aug 2009
*4U
2182
by sandynavas 04 Aug 2009
+2
See this article. I'd think if you are certain they are from the 1930's or before that you are free to digitize them. Otherwise??
1 comment
by modo 04 Aug 2009
thanks, I think it is safer to do my own design
33575
by simplyrosie 04 Aug 2009
+1
Modo, I think it all depends on what you have planned for the digitized design. If you wanted to sell the file or a product with the design on them, you'd be breaking copyright laws...

HOWEVER, if you plan on putting this design on a purse you're going to use, there shouldn't be anything wrong with doing this.

The best advise one can give is this: contact a corporate attorney. Many people will give their input on CUTE, but do any of them have legal backgrounds? I never got into this type of law in college, so I'm not sure, but I can ask some of our coroporate lawyers and ask them (if I can remember).
2 comments
by modo 04 Aug 2009
If I get it right: it is safe to digitize it and use it for myself or to give the item I make but not to give the digitize design
by modo 04 Aug 2009
Thank you, that would be nice to ask them
27269
by evajungermann 04 Aug 2009
+1
Hi Modo,
here in germany an artist or an author has to be dead for 70 years until his artwork becomes commonplace.
Technical progress or methodes of use have no influence on this.
CU
Eva
1 comment
by modo 04 Aug 2009
thanks
145305
by mops 04 Aug 2009
+1
I've got transfers from the mid 30s, they belonged to my mum. In 1968 I embroidered the butterflies on a cot sheet, with just one strand of embroidery floss. My daughter now uses the sheet for her daughter and said it looks like machine embroidery. he he. I can still use them, by hand, by free machine embroidery or I could digitize them, use the embroidered items for myself and for gifts, might even sell them. I would have to check with my brother (he's a lawyer - does a.o. brand related things) to make sure I could do anything else - like giving away or selling the digitised designs.
1 comment
by modo 04 Aug 2009
thanks