Copyright

[OldJake]

Morning from the cold but sunny UK!

I'm just wondering about copyright and patterns. I invite people to ask for motifs on their towels when they order. What if they ask for a character like Mickey Mouse? I'm not selling the towel with the design, only charging for applying it so I'm not adding value to a product by calling it a Mickey Mouse towel, for example.

Sites like Etsy sell just about anything you can think of and I can't believe the likes of Disney would allow that if there was any way they could prohibit it.

Best regards
Andy

[MandyJ72]

From my understanding of it that would be breach of copy-right.

Disney in particular have closed a LOT of Etsy/Ebay stores down in recent months for selling products with their licensed designs on them.

If you are putting say a Mickey Mouse onto a garment for yourself then I think that's OK (hence why you can buy some brother machines with built-in Disney designs - intended for personal use only, but as soon as there is a charge made for it you are selling something that doesn't belong to you and is a breach of copyright.

[Greenwing]

The designs included in the brother Disney machines are not able to be sold.
you can use the included designs for personal ("family") use only and then in limited quantity. You have no rights to use any other Disney design.

If you do not have rights to the design you can not reproduce it without permission. Most (not all) have legal use statements available when you purchase designs you are responsible to know them and follow them.

Here is a copy of Part of the Dakota Collectibles terms of use.

This gives you the right to sew it unlimited at one location.
many others will limit the quantity you can sew.

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Dakota Collectibles copyrights its artwork. The copyrights cover all the designs displayed in its catalogs, flyers, home embroidery collections, all promotional advertising, this website and the design software which reproduces those designs. Dakota Collectibles is prosecuting copyright infringements to the fullest extent of the law. You cannot legally copy Dakota Collectibles' artwork or design software, by any means, such as, for example, scanning, photocopies, or electronic tranfer. The copyrights protect your best interests, as well as ours.

When you purchase a Dakota Collectibles' stock embroidery design, you only obtain a license to embroider that design on fabric at one location. Buying, selling, trading, sharing or copying our artwork or design software is a violation of copyright law. Preventing illegal copying of our designs and design software will help to bring new and creative designs to you. If you, or anyone you know, has been contacted to buy, sell, trade, or copy our artwork or software designs, please contact Dakota Collectibles.

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Also you cannot just create your design and be safe, you cannot digitize a coke a cola design and use it. As that is a breech of trademark law.
College logos and mascots are the same way you have to be licensed to create them and then they must be done in exacting ways.

It is a pain and mostly I stay away from them unless the client has a legal release and also signs our in house form stating they have the authority to use the art and accept all responsibility. (We keep these on file forever)