How can I tell if a digitizer (no one here :)) is authorized to create and sell what I believe are copyrighted designs?
I was just referred to a site where I suspect this is the case (there are 100's of favorite kids characters from TV and books) and I do not want to support the site if the designs have been obtained without permission. Your guidance would be appreciated.
1366 An interesting question and well answerd by others. There are far too many embroidery designs about that are not legal. My friend bought a set of designs that clearly have copyright on them though they are being sold as this persons/the sellers designs. I think there are many embroiderers about who are unaware of the copyright laws
by mops 13 Aug 2009
They are. But many countries don't actively look for violations, but leave that to the copyright holder. In the Netherlands the sanctions are heavy, but the chance of being caught is not very high, unless it's Disney or Bruna.
8797 
96739 I also have seen so many copyrighted
designs over there, Hello Kitty is a good
example. And I saw another day a popular
character from Brazil, Monica, also
copyrighted, in one popular site as well. I
pass those designs, I think we have to
respect the hard work of the authors.
This image is Monica, by Mauricio de Souza,
and she is in cartoons, movies, my favorite
character in Brazil, but many other
countries doesnt know her. This is just to
warn the Cuties she is copyrighted.
Love, Yoriko
53902 I'd suggest the same things marjialexa and mpo14011 mentioned: 1. look if hey mentioned that they have a license or show the logo of the original clipart site; 2. ask them. 3. If they have designs from various cartoon characters, e.g. and Disney and diddles and Bruna's Nijntje and Beatrix Potter's bunnies and so on, you can be sure it's illegal - they would have to have spend a fortune on any of them.
42470 
21958 
3477 Ask the designer for a copy of her license to use the designs, straight out. If it's the site I'm thinking of, she will not answer your e-mail. I've asked several times. Any designs that are licensed will say so, or should say so, on the website (or the package, or the coloring book, etc). Look in your Avon books, they are doing some Disney Tinkerbell things, and others, as well as NFL. Right on the photograph of the product, it says "Licensed, copyright Disney Corp. 2009" or whatever the name and date is. If it is a one-person digitizing operation and you are seeing Disney or NFL or NASCAR, you can be pretty sure they have not purchased a license. Licenses are expensive, it took the huge company Dakota Collectibles more than a year to line up the NASCAR license they have for their CD of designs. One digitizing gramma just doesn't have the bucks for it, unless she hit the lottery. Brother has the market "sewed up" (hee hee hee) on the Disney designs. I'm sure they would not have created the Brother Disney embroidery machine if Disney were going to give away licenses to just anybody. If it's "big name" stuff of any kind, be very sure the license will be expensive. That's how NFL, NASCAR, etc. make money, and plenty of it. Please be careful, and don't get caught in the copyright trap. So glad you asked, many new people here need to know, too. Have a good day! Marji
22887 Check to see if there is a link back to the
artist, or photographer, of the clipart.The
artists of the clipart for digitizing
designs require you to acknowledge them
with a link back to their websites.
If it is a licensed design, check the
price.They are much more expensive then
normal designs because of the cost of the
license.
Apart from that, there is one more thing
you can do. Check the net. If you suspect
some of these designs are being used
without authorization,and that the artwork
has been taken of the net, you will usually
find the exact same image very quickly by
typing in the name. If the image is the
same without acknowledgment back to the
artist/photographer, you can be pretty sure
they are not legal, and if the digitizer
copied them and claimed they are hand
drawn, they are still not legal.
by 
21603
I don't feel that embroiderers are necessarily "UNAWARE" of the laws. Quite often I feel they just don't care because they truly don't think anyone will 'catch' them. International digitizers feel they aren't subject to US laws. (I'm not certain, but I always felt that copyright laws were international though.)