 |
High-Tech: Copyrights |
|
| S A R A M E Y E R - S N U G G E R U D | ||
"It's my right, you can't copy it!" |
||
| Intro Do you dare share? Creative costs Buying benefits The letter of the law Safe sells The 10% turmoil Backup basics Purchase particulars Downloading designs User/embroidery groups Softlifting Sharing is stealing Only an original In conclusion Golden rules ESPC |
 |
 |
| Introduction | Being an embroidery industry educator, I am asked over and over what
copyright limitations are in effect when using embroidery designs. Though it may seem like
there are many gray areas on this issue, it really is black and white once the basics of
copyright are understood. Within the basic foundation of copyrights, most all questions
can be answered "right" or "wrong." If you think you have a firm grasp
on copyright law, you'll especially enjoy the analogies found within these answers,
including some that will surprise you. If you've done even one of the following no-no's, it could cost you dearly. Remember your family, reputation, state of mind, prized sewing room and house are all at stake. Today, people are paying steep prices for violating copyrights. Sewing machine and fabric store owners carry an even higher responsibility and have more at stake. Customers look to them to set the right example. If a store is copying patterns, books or design disks or renting these items, should they expect anything different from their customers? |
| |
|
| Is it okay for my friends and me to share designs we've purchased? | No, I'm afraid not. Stock design companies invest large portions of their
earnings in design development and they deserve a fair return on their investment. Stock
designs allow you to save time, effort and money. When you purchase a
"twenty-pack" for $50, you're paying just $2.50 per design. How much would you
spend if you had to have those designs custom digitized? How long would it take you to
digitize it yourself? When you share software, you're depriving the company of income. You
expect your full paycheck from your job; why shouldn't they? |
| |
|
| But it's just a disk, some paper and a plastic bag. | If a brain surgeon opens your cranium and takes a peek inside your brain,
does he see ideas and intelligence? Just because he only sees a brain, can he determine
the content? And if he can't measure any content, does that mean you're mindless? No. When you purchase a package of stock designs, you're getting more than the disk, paper and plastic bag. Artists are employed to create the original artwork. Digitizers using high-end computers and expensive software create and edit the designs to perfection. Machine operators repeatedly test the designs. Sample-makers construct projects to inspire you. Administrative staffs enter pertinent information into a database for color sequences and special instructions for packaging and the Web site. An artist scans all the sew-outs to create packaging graphics and images for the Web site. The sample is photographed and packaging is created by an artist and proofed by the proofreader. The Web developer creates the necessary coding and language for the new design, formats all the graphics for the Web and updates the Web site. The artist creates catalog pages and advertising. The printing company converts the digital files from the artist into physical packaging. A knowledgeable person must convert the master formats and recolor the designs for all the home formats. A programmer then takes those files and writes the installer code. Labels are printed and disks are mastered and duplicated. The administrative staffs answer the phone, solve end-user problems, enter orders into the system, assemble packages and ship the product. Companies that produce and sell stock designs must cover not only these development costs but overhead as well (rent, utilities, taxes, payroll, promotion and advertising, training, etc.). All the company's income is derived from the sales of these disk packs. From the flicker of an idea to having a new package ready to ship to the first customer, costs can easily exceed $25,000. |
| |
|
| That makes sense, but what do I get for purchasing my own designs? | A lot. The benefits you stand to gain with purchased original designs
include the continued availability of affordable, high-quality designs. You also get full
packaging with color graphics, instructions and color sequences. You get phone support and
valuable information provided via the Internet. Resisting the temptation to copy designs will allow many more designers to share their creativity, thus giving you a larger library of designs from which to choose. |
| |
|
| What exactly does the law say about copying software? | Briefly, the law says "it's illegal to make or distribute copies of
copyrighted material (including software) without authorization." Penalties are fines
up to $50,000 and jail terms up to five years. The law is very specific concerning copyright violations. Since copyright laws are federal laws, the copyright owner brings the suit to a federal court in his/her state of residence. The infringer will have to defend the suit in that court. As you can imagine, the costs to defend a suit of this nature out of state can quickly exceed $50,000. Under copyright law, title 17 of the U.S. code, criminal action is also available to the copyright owner under title 18 of the U.S. code. The criminal aspect of the law can result in equipment seizure and imprisonment. Under statutory copyright laws, on the civil damages aspect, a defendant who's found guilty can be fined between $500 and $20,000 per design. The violations can be compounded when you make a copy of a copyrighted design as you're then liable for any copies made from the illegal copy that you've given to someone else. There are additional penalties for print-outs or sew-outs of illegally duplicated designs. As you can easily see, violating copyright laws make no sense economically; it's far less expensive to purchase a legal copy. |
| |
|
| Does that mean I can't make things with these designs to sell? | You may embroider the designs and sell as many of the sewn product as you
wish. You may not sell, trade, share, rent or otherwise distribute the original or
modified versions of any design. An exception to this statement is the use of licensed designs such as Sesame Street™ or Precious Moments™. If such a license applies, it will be stated on the outside of the packaging. Sewing and selling these designs can result in stiff penalties. |
| |
|
| But don't I only have to change it 10% to make it my own? | No, this is a misconception about copyright as it applies to the graphic
arts industry. In fact, by changing the original design and then selling the new version
in any manner, any person doing so has moved into additional violations of law, not only
copyright law, but general tort laws. |
| |
|
| So I'm never allowed to copy software for any reason? | You're only allowed to make one backup copy of your software for personal
use, if one wasn't already included in the package. |
| |
|
| But I bought the disk, therefore I own it and I should be free to do as I wish with it. I own my car and I can let others use it--what's the difference? | When you buy a disk, all you truly own is the physical diskette itself,
not what's on it. The designs are licensed for you to use in a specific way; the copyright
holder owns the content. When you share designs, you're typically not loaning the disk to
another person, you're giving them a copy of the disk--in other words, you have become a
bootleg manufacturer. When you loan your car to another, as long as they're using the car,
you can't; you're not duplicating the car so that you each have one. |
| |
|
| What about free designs on the Internet--can't I copy those? | You must carefully read any stipulations on the Web site. Some free
designs may be shared freely with an acknowledgement of their source. Others may only be
downloaded for personal use and not distributed. Many Web sites use free designs as a lure
to attract visitors to their site. In any case, the copyright remains with the creator and
you may not sell the designs. |
| |
|
| Do the same rules apply to user/embroidery groups? I always figured the reason they got together was to share software. | Many software companies offer special user-group programs, which may
include the right to copy the software for archival purposes. In any case, it's the
responsibility of user groups to encourage their members to observe copyright laws, and
software companies rely on them to do so. The same copyright responsibilities apply to
schools and professional training organizations. |
| |
|
| At my company, we pass disks around all the time and don't think a thing about it. It must be okay since we all work for the company that purchased the software in the first place. | Well, unfortunately, "softlifting" is common in some
corporations. Employees make extra copies of their business software to take home, or
copies are made for additional computers within the office. But corporations are bound by
copyright laws just like everyone else. The rule to follow is one software package for
every computer.Companies as well as individuals may have their equipment confiscated, be
required to pay hefty penalties or spend time in prison. |
| |
|
| I'll bet most of the people who copy software don't even know they're breaking the law. | Most people don't purposely break the law-they would never consider, for
instance, stealing money out of someone's pocket. However, when you share software,
essentially you're stealing money out of the developer's pocket. Unfortunately, when it
comes to copyright violations, ignorance is no defense. If you're part of an organization,
see what you can do to initiate a policy statement that everyone respects. And as an
individual, you can spread the word that sharing is stealing. |
| |
|
| So I guess to be safe, I should only share a design if I digitized it myself from original or uncopyrighted art, right? | Now you've got it! Technology is available to permit the embedding of
invisible codes in documents, files and programs. Unique codes can be generated that tag
you as the original purchaser of the design. If that design turns up in someone else's
possession, you'll be held responsible and the copyright holder has perfect proof to hold
you liable. |
| |
|
| In Conclusion... | The answers provided by the Embroidery Software Protection Coalition (see
sidebar) should give everyone a better understanding of copyright as it pertains to the
sewing and embroidery industry. Yet new questions and scenarios come up each day. For
answers on any questions not answered in this article, please e-mail the ESPC at info@embroideryprotection.org. So the next time someone asks you to make them a copy of one of the designs or design cards you've purchased, just say, "No. Big brother is watching!" Sara Meyer-Snuggerud has been a Training Consultant for Bernina of America and now is the Director of Education for Oklahoma Embroidery. |
| |
|
| Golden Rules | Your purchase of embroidery software grants you a license for:
|
| |
|
| ESPC | The information in this article was printed with permission from of the
Embroidery Software Protection Coalition (ESPC), and should answer many of the common
copyright questions. For more information, visit their Web site at www.embroideryprotection.org
or call (888) 921-5732. The ESPC evolved from the growing problem of software piracy. Formed by embroidery software and design manufacturers, this not-for-profit trade organization represents suppliers and retailers in the sewing industry. "The ESPC's purpose is to defend the integrity and quality of embroidery products by promoting copyright compliance. The ESPC will achieve its goal through educating consumers on copyright laws and monitoring copyright activity." Current members of the ESPC include Amazing Designs, Baby Lock, Bernina, Brother, Buzz Tools®, Cactus Punch, Elna, Great Notions, Husqvarna Viking, Janome, Oklahoma Embroidery Supply & Design (OESD), Pfaff, Singer and Tacony. |
 |
More Articles Past Issues |