Subject: PFAFF: COPYRIGHTS Date: Sat, 05 Jul 1997 18:22:35 -0700 From: kathleen@bellatlantic.net Reply-To: pfaffies@listserv.embroideryclubs.com To: pfaffies@listserv.embroideryclubs.com I worked for a corporate technical library for awhile and we had lots of scientists writing papers that we offered reprints for. I have sort of studied copyrights, trademarks etc. as a hobby for years and I believe this information is correct. Anybody can copy anything for him or herself. You can photocopy or quote anything for a scholastic research paper. However, if that paper is to be printed and distributed anywhere then copyrighted material must have the proper permissions. You can use anything, say Donald Duck, scan it, digitize it, sew it out on a shirt and wear it. You can give it to a family member. It must be "hand made" by one person, not in any way an assembly line process. You can even sew out Donald on a cap and give it to a bona fide non-profit organization for sale by them (make sure they have their 501(c)(3) status). Again it must be one person (OK, they will stretch it a bit if it is, say, a group quilt) doing one piece at a time. This is the policy for Disney Corp., Hanna-Barbara and many others. You may not sell or resell a cap with a copyrighted character on it. There was a book of Disney characters formatted for needlepoint available maybe 15 years ago, I don't know if it is still in print. This was published with proper copyright and registered trademark permissions for the purpose of people making pillows, sweaters, etc. with the Disney characters for themselves and their families. Clip art is made and sold for reproduction use. Any clip art packages, printed or on computer disk, can be copied and used in resale merchandise, unless otherwise specified. As for Hallmark wrapping paper or cards, if you want to use one for a tablecloth for you Mom, go ahead. If you want to sell tablecloths write Hallmark and ask. All they can say is, "No." Who knows, maybe they don't disapprove as long as you are embroidering the motifs, not printing more greeting cards or wrapping paper. As for coloring books, etc., well, anything can be inspiration. Try changing it. It is not true that if you change a picture 20% it is OK to use the image and sell it. If you want to sell items, your best bet is to learn to use the Thomas Register and Sweets Catalogs at your local library to look up manufacturers address and write them for permission. Hope this helps. Kathleen in NoVa -------------- Subject: Re: PFAFF: Great Design Source & copyright laws Date: Wed, 9 Jul 1997 22:56:49 -0400 (EDT) From: PWDesigns7@aol.com Reply-To: pfaffies@listserv.embroideryclubs.com To: pfaffies@listserv.embroideryclubs.com Sally and everyone else. I wrote to the publishers of most of the design books referred to by Sally on designs which you can purchase in the arts and crafts stores. All of them told me the designs were to be used by the purchaser once per item on personal stuff. No items made from these designs could be sold or given away. One publisher even put a nasty little threat about their lawyer if they were used in any other way. So be careful as to what you do with them. ------ If you digitized from these drawing and then sell them watch out. Your digitized designs from these drawings can't even be given away. I think I wrote to about all of the publishers as I had bought every book I could lay my hands on. If you want to do something with these designs I suggest you write to that publisher and find out for yourself. Don't just bounce this subject around ag ain on the list as it is old issue, and the only way you can get the straight answer is to write the publisher and get it from the source. Don't take chances. The one publisher that never did respond to me was Dover who states in their book you can use up to 10. ------ I can't define this any better as this is the clearest it is in the book. Pat ------------ Subject: Re:PFAFF: designs on garments for sale-long Date: Wed, 16 Jul 97 00:21:17 -0500 From: "Audre Gaer" Reply-To: pfaffies@listserv.embroideryclubs.com To: pfaffies@listserv.embroideryclubs.com Andrea wrote: > I just found that I have a book called "Walt Disney Characters > NEEDLEPOINT BOOK" > Does this mean that I can take the line drawings and Xerox them or scan > them to digitize for myself and my friends and family? My > interpretation is that I can and that I can copy or scan them for others > as long as I am not publishing them, so they can use them privately. Am > I right? There are 28 designs in the book. Hi all, Just to elaborate a little more (actually, a lot more) on this subject. If you buy an already digitized design or disk of designs or embroidery card you may embroider those designs on garments to sell. Most professional digitizers expect you to buy designs to embroider and sell the finished item. You may not share the designs themselves or sell the designs. The exception might be if you were to sell the entire card or disk and remove its contents from your computer and floppys or anywhere else it is stored so that you could no longer use it. If you purchase a book of designs from Disney or another source you may use the designs for your own use--family, gifts, etc. You may not share or sell the original line drawing or digitized design with anyone. You may not sell the finished product. In fact, if you make too many items for your family you could end up with the Disney Lawyers on your doorstep. When Linda MacPhee did a show for us here, she told us that Disney Lawyers contacted her in an unpleasant way about the darling jackets she taught her customers to make from purchased, LICENSED, Disney towels. Even though each jacket required a whole towel. Disney is very fussy and very protective of their copyright. Most companys reserve the rights to their work by copyright in order to protect their investment. If you want to digitize a design to sell or share or sell the finished item, the best thing to do is request permission. You won't always get it--a local person was flat out refused when she tried to get permission to sell a tiger she digitized from their design. The Pfaffies design exchange is a good source of designs that you can embroider on items for yourself or to sell. However, it would be unethical to sell the designs themselves. People have been saying lately that the clip art available on Barry's clip art web page is copyright free. After looking over the web page, I think that some of it may not be. I'm sorry to be so long winded but I hope I have cleared some of these things up or at least not made them any muddier. Audre in Minnesota agaer@tc.umn.edu ---------------------------- There are several internet resources to find out more about copyrights. One is the U.S. Copyright Office Library of Congress. http://lcweb.loc.gov/copyright/ **********START OF QUOTE FROM COPYRIGHT OFFICE******************* Several categories of material are generally not eligible for Federal copyright protection. These include among others: Works that have not been fixed in a tangible form of expression. For example: choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded. Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents. Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration. Works consisting entirely of information that is common property and containing no original authorship. For example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources. ************END OF QUOTE FROM COPYRIGHT OFFICE**************** There is a copyright FAQ at: http://www.aimnet.com/~carroll/copyright/faq-home.html There is another one at: http://lcweb.loc.gov/copyright/faq.html ---------------------