With the possible exception of attorneys that specialize in this area, copyright laws are confusing to everyone. Although I am not an attorney, I have learned quite a bit about copyright laws and how they apply to intellectual property simply by doing some research on my own. The paragraphs below offer a summary of how copyright laws pertain to embroidery designs and the underlying art work.
An embroidery design is protected under copyright laws the very same way any other form of intellectual property is protected. If you created it, you automatically own the copyright. You are free to do what ever you wish with the design. You may sew it on items that you offer for resale, you may give the design away, or you may sell the design. Even though you give away or sell the design, the copyright remains with you.
If you bought the design from another digitizer, downloaded a free design from a web site, or obtained a design from any other legal source, you do not own the copyright. Like any other software, you purchase only a license to use the design. You do not own it, nor do you own the copyright. The copyright remains with the individual that created it originally.
Unless otherwise stated in the “Rights of Use” clause that came with your design, your license normally grants you permission to use the design on gift items or items you offer for resale. You may not sell, share, or make available for download the actual design in digital format. You do not have the right to grant a license to use the design to any other party.
Where things start to get a bit gray is when you consider the original art work the design was created from. If you created the art work as well as the embroidery design, you own the copyright to both. If you purchased the art work from an artist, the copyright for the actual art remains with the artist. Once again, what you have purchased is a license to use the art work for the sole purpose of digitizing designs from their likeness.
The only way you can obtain the copyright for the actual art work is if the artist gives up his/her claim to the art and transfers the copyright to you in writing. Otherwise, simply purchasing art work does not automatically transfer the copyright to you.
If you are a digitizer, be very careful what work you accept. Be certain that your customer either holds the copyright to the art work, or has obtained permission from the copyright holder to use the art work in the manner requested.
To protect yourself further, it might be a good idea to ask your customer to provide written permission from the copyright holder. Another suggestion is to create a simple form for your customers to sign if they claim to be the copyright holder and are authorizing you to digitize the art work.
Always protect yourself and respect the rights of others. Treat any design, regardless of its source, as you would want your designs treated in the hands of others.
For even more information on Copyrights go here.
Editor's Note: This article does not convey legal advice. It is intended as an introduction to the concept of copyright laws. Seek professional counsel if you have questions about copyrights.
