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:

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.

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.

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:

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

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.

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. Like other software, digital embroidery software are sold, not licensed.

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.

not covered by federal software laws.These claims of expanded limits on the copyrights are false and unsupported by federal law.

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.
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Thank you - I found a lot of other interesting facts on this site!
*4U!

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