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Message Board > Machine Embroidery > Resale Designs ( Moderated by Pyrose)

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Resale Designs
Merged/Redesigned Embroidery Designs for Resale
kim pleasants
kim pleasants
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Date: 2/9/13 5:27 PM

I have a question that I think I probably know the answer to, but I'm going to ask. Probably a stupid question, but I'll ask anyway.

Is it legal to take purchased designs, and rescale or cut apart, use portions & combine with other designs to make your own larger designs and resale them?? Not as your own digitized designs, but just as designs???????? Thanks kp

quiltingwolf
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In reply to kim pleasants <<


Date: 2/9/13 11:10 PM

I'm pretty sure it is, will the original artist come after you maybe, maybe not. Why would you want to take someone else's work and claim it as your own?
-- Edited on 2/10/13 7:32 AM --

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shalloon
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thumbsup 1 member likes this.
Date: 2/10/13 2:13 AM

Wouldn't that depend on how different the end result is from the sources? Just asking, I don't know either.

quiltingwolf
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Date: 2/10/13 7:31 AM

At the very least it's unethical. You want to sell designs? Buy yourself a digitizing program and put the time and effort into it then sell them instead of piggybacking on someone else who did just that.

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SandiMacD
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Date: 2/10/13 10:24 AM

If it was not recognizable to the original I wouldn't think it would be an issue. What you describe is quite a bit of work on your end. Sure you could take them apart, study how the areas were formed, then create again from scratch and then add your elements into it. That seems a bit of overkill.
I can't offer a legal opinion. As to ethics, it really depends on what your end result looks like. If they were placed side by side for sale, would the average buyer think they were variations? Or would they see them as 2 different designs?

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Sewmissy2
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Date: 2/10/13 10:57 AM

A lot of people copy parts of designs and resell them...that does not mean it is legal. I would not chance it. If it even looks like the original, it is possible that you could be caught.

It is often a lot more work to pull a design apart then to redigitize it anyhow. Get a good digitizing program and learn how to use it.

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Designer 1, bought in 2000
Simplicity 350 serger, bought about 1997
3 Tajima Neo single head embroidery machines
Digitizer by profession
Embroidery software: Tajima DGML by Pulse (commercial) also know Designer's Gallery and Floriani for home use.

PattiAnnJ
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Date: 2/10/13 12:07 PM

If the owner of the designs gives permission to stitch and sell then you could put more than one designer's work on the item you are selling.

Don't chop and combine as one design.














-- Edited on 2/10/13 12:12 PM --

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beauturbo
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In reply to SandiMacD <<


Date: 2/10/13 6:33 PM

Probably always recognizable as to the original as it's a computer file, and embroidery designs are stitch drops on certain places on a virtual X and Y grid, even in just a stitch file and not even a condensed file at all and even have other commands and codes embedded into there in certain places too, even if you cut and paste and such. Also just not nice at all and for sure actually illegal too, if you were to sell any of that as computer file to anyone else. They have to go get and pay for their own designs and do that kind of stuff to them, if they want to sew them out that way, all by themselves instead.

But it's perfectly fine to do that, for and on, just other people's embroidery designs you have bought and paid for, and are licensed and allowed to use for yourself, or stock designs you have purchased, anyway you want at all, if you got the skills and software to do that on just your own items you are sewing and embroidering on. And not giving or selling any kind of computer file to anyone else having or containing all those bits and pieces and parts on it, that came from someplace else. People do that often. That is actually a big part of the reason lots of people even buy editing software or digitizing software. So they can customize anything they want for their own use on their own stuff anyway they want. They don't always even learn to make all their own embroidery designs from scratch at all. But they do not take bits and parts and pieces of them, and try to combine them all together and make a "supposed" new embroidery design out of it, and then try to sell or giveaway as their own work either, or if they do, not for long as people would notice it, and get really mad and upset, and then they got some big legal problems going on, because that part is not legal.

If you are actually good enough to do that kind of thing, then that's good, and you are getting some learning skills and then much better to use all those bits and pieces of stuff you have culled from everyone else's embroidery designs, as just little learning examples for yourself and trace though them stitch by stitch in your own digitizing software, using them like a little digitizing lesson instead, and then go use what you learned from doing that, to actually make your own from scratch. Then if you make something all by yourself from scratch, then it's yours and you can do anything you want with it, including selling or giving it to anyone, as some kind of original digital embroidery file, made by you, to anyone else you want.
-- Edited on 2/10/13 6:39 PM --

kim pleasants
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In reply to quiltingwolf <<


Date: 3/2/13 6:50 PM

Actually I'm looking at that, just not sure I want to digitize. Seems a little boring to me actually. I like the end result of the creativity (embroidery).

I've seen many designs done this way, this is the reason I asked. I do this for my friends quite often. Sometimes you run into problems cutting the patterns, but most of what I do for friends is removing pieces &/or cutting out overlapped patterns.

The only items I've posted for sale are names I've done with purchased fonts. Those are a dime a dozen all over the place.

I think everyone feels the same as I do.

beauturbo
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In reply to kim pleasants <<


Date: 3/3/13 1:25 AM

I don't see why you could not hire yourself out, and charge people money for your services and labor, to edit and combine or split the embroidery designs that they paid for, for themselves, so they could really sew them out in a smaller hoop at all. Or had some keyboard lettering added to it. I think at that point you do call what you do, some kind of digitiizing/editing service then instead. If they had no skills to do that for themselves at all, and you do and like doing that. And at that point you would not be "selling any embroidery re-sale designs though", instead you would be only selling yourself, your time, your skills and your labor as your services. You could charge them by the hour or such for your time for that service, and I don't think that is uncommon at all.

I think most people whom actually all call themselves a "digitizing" service and even the ones that create and digitize embroidery designs from scratch, do use their own built in keyboard lettering in those programs to do the letters and words in them, most often, so I doubt anyone would ever have a problem with that at all either.

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