by sunshine6 07 May 2015

Ah just lost a long question.

I am newish to machine embroidery. I am confused on what is classed as legal and hoping someone can clarify it for me.
I have been looking for In The Night Garden embroidery design for a 1 off use for my granddaughter who is 2. I have come across one on ebay in the UK but not sure if it classed as legal.
I have found heaps of Tellitubbies which is also a BBC show. Is it because Telitubbies is more popular or an older show? I appreciate any information.

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by sunshine6 09 May 2015

Thank you all for the warm welcome and the information about legal/illegal embroidery designs.

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by draco 09 May 2015

Welcome to Cute. You have received some excellent advice. There are many wonderful people to help with expert advice when you need it. Hugs !!

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by camylow 08 May 2015

JUST PASSING ALONG A WELCOME HERE TO YOU.....

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by pacmp 07 May 2015

Besides all the great advice you have already seen below I would also emphasize one of the cautions that graceandham mentions, that being that when a person is trying to be dishonest they tend to try to name the design something generic like Ears or Mouse for a Mickey ears or Mickey, Or name a character a different name or change a couple colors but the designs look very much like characters we recognize especially cartoon or from children's programs. Those who have the right to sell a design you can be sure they are going to tell you all about it, so you would know they are one of the only legal ones and likely had to pay a pretty penny for the right to do so. Then there are the designs that you may only give away and are NEVER to be sold and those you must read the rules for using the designs and those rules should be posted on every site to let you know just what you can and can not do. Due to my memory issues I try to steer clear of those types of designs so I do not accidentally use one for the wrong purpose. I do not sell on any sites and only plan to continue making for charities but really do not want to donate a quilt to a NICU hospital and the hospital try to use one of my quilts to use at an auction or fund raiser that may be in violation of design use. So I try to stay very far away from that mine field. When I was first finding designs and did not know better I ended up downloading some illegal designs so have tried over the time since then to try to just delete any of the designs I come across in my computer and thankfully I only stitched very few of those designs and luckily they were all on 1 quilt that was for a close family member and I was able to correct that situation. Just the horror stories that are occasionally told of whole sewing rooms being cleared out by the authorities down to the last pin cushion, when they set out to go after a site should make every person with an embroidery machine understand just where that legal line is. It is too bad that some of those breaking the rules seem to be in countries that do not seem to take it as a serious offense which can make it confusing for people especially when there are people who have no problem lying to try to make a buck and they will sell illegal designs to digitizers saying that they have the legal authority to sell the designs and they do not, so then it really can cause unexpected harm to people who were trying to do the right thing but had not made some phone calls just to be safe and protect their company. You are smart to be checking out the rules before getting the designs.

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by crafter2243 Moderator 07 May 2015

Just want to welcome you to Cute. Love your log in name.
Angie

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by dragonflyer 07 May 2015

Hi Sunshine, and big Welcome to Cute...I see you have gotten your questions answered..not surprising...lots of helpful Cuties around the world to help with anything...

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by pennifold 07 May 2015

Hi Sunshine and welcome to this great site. I see a few have answered below and I just wanted to add that what Jerrilyn (jrob) has said is true for all websites. Any design you buy or get for free make sure of the rules from the site. For example I've included the conditions for this site in the link below. It is actually at the bottom of each page on this site. I'm glad that you have found us. Love Chris, Newcastle, Australia.

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by 02kar Moderator 07 May 2015

A warm welcome to the Cute Famiily.ee you have your answer. I want to say you are smart to ask about the legality of a design. I hope you stay with us and enjoy the Cute website, its sister sites and the many well digitized (and legal) designs.

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by jrob Moderator 07 May 2015

In the Night Garden characters and logo ©2007 and TMDHX-RD Worldwide Limited. Licensed by DHX-RD Worldwide Limited. All rights reserved.
The above is from their web site. If you do not see it and the TM logo, it is an illegal design.
Generally, if it is a trade name, logo, television, movie character,etc. there is a copyright and it is your responsibility to determine that and the proper way that it can be used, if given. For example, ibroidery.com is the ONLY licensed Disney embroidery that is legal and if you go there you will see that they won't even let you look at the designs until you log in your Brother machine.
There's pages of information on this and some of the others will come along and add to this.
Thank you for asking your question.

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by graceandham 07 May 2015

Unless the site says very clearly used by permission of the Maurice Sendak estate and has a lot of information about it being a copyright protected design that you cannnot stitch out and resell, I would consider it shady and not use it. I would steer clear of the Teletubbies also unless there is very clear information about the Copyright. (I'm in the USA.) There is so much pretty design out there for children that is not coyrighted, why risk it? Oh, welcome to our site and here, catch a flower!

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by airyfairy 07 May 2015

Just would like to welcome you to this wonderful site. There will be people to advise you who know much more than I do about the question that you are asking. Sarah (South Africa)

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by sunshine6 07 May 2015

I forgot to mention I live in Australia. Not sure is laws are different in different countries. Thank you

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by lolly3 07 May 2015

Hi sunshine6, Welcome to Cute Embroidery, I hope that you receive an answer to your question. I would like to welcome you to the Cute Site, the Ladies & Gentleman on this site are awesome & always helpful. Regards Lorraine McNeill of Woodcroft in South Australia.

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