by rescuer Moderator 10 Apr 2018

After reports of illegally offered designs, we asked Secrets of Embroidery (the design mall) what their policy is on their shops offering illegally digitized designs from their shop owners.

This was their answer:

"Here is a copy of our copyright policy:


All products sold at Secrets of Embroidery are owned and copyright protected by the individual designers/authors/artists etc. These items do not belong to the Secrets website .

It is the full responsibility of the embroidery digitizers to ensure their items use original artwork, or they comply with all the copyright and royalty rules for the artwork in use.

It is the full responsibility of any tutorial authors / clipart artists etc to ensure the information and items they sell as their original work, is indeed their original work.

Secrets of Embroidery retains the right, but not the obligation, to remove any item for sale if it determines the item may violate any intellectual property rights.

Copyright Claims

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Michael Warmuth, DMCA Agent
PO BOX 2108
Anacortes, WA 98221
Fax: 425-286-6846
E-mail: michael@secretsof.com

Proper notification under the Digital Millennium Copyright Act DMCA must contain the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address. We will terminate the account of anyone who we deem to be a repeat offender of our copyright policies.

Kind regards,



Margaret
Customer Services
Secrets of Embroidery

w:www.secretsof.com e:office@secretsof.com"

Because of this policy, we as moderators will respectfully request no further links to Secrets of Embroidery until compliance with copyright issues have been resolved.

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by rescuer Moderator 16 Feb 2019

TTT for those that haven't read this.

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by pennyhal2 27 Oct 2018

Thanks for the info!

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by maggiecal 26 Oct 2018

Thanks for sharing. I think, as has been said, this is similar to most malls legal-ease to keep them out of legal trouble. They have to honor their agreement with the shopkeepers to earn their percent. The shopkeepers signing to not offer/upload copyright infringing designs is pretty standard. Good to have the info about how to report. Hadn’t seen any copyright infringing designs there but will keep an eye out and not shop those stores. Also, won’t share links to Secrets here.

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by cfidl 13 Sep 2018

I think most of the malls have a policy similar to this. I have not spent time there since the new site. I will not post. Thanks ladies.

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by sewist1 12 Sep 2018

These malls are all about making a commission from the designers who sell designs on the mall. They don't even care about the quality of the designs. These days I only by from the tried and tested digitizers who have their own websites.

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by arisann 12 May 2018

thanks for update!

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by rescuer Moderator 12 May 2018

For those that didn't get a chance to see this post and for those that find long post too much to read -- here is the end result:
Because of this policy, we as moderators will respectfully request no further links to Secrets of Embroidery until compliance with copyright issues have been resolved.
Thank you for your help with this.
Remember, all posts that contain links to websites that do not comply with US and International laws will be removed.

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by pennyhal2 11 Apr 2018

I wonder what kind of "contract" a digitizer signs when they want to sell on Secrets. Expecting people who violate copyright laws to "self report" really doesn't work well. I expect that when I buy a design on Secrets that I am not buying stolen property. This policy puts the onous on the buyer, not the seller. Hmmmm...this is unsettling. Guess I'll have to pay closer attention to terms of use policies by the individual shops.

1 comment
rescuer by rescuer 11 Apr 2018

Be careful with that too. I know one shop (found on Secrets) that has very strict copyright policies and sells (or has sold) Disney designs and other licensed artwork from their own website.

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by kustomkuddle 11 Apr 2018

Wow. Sounds like a bunch of legal verbiage that basically says that they are not concerned with copyright laws if the designer "ensures the design is their original artwork". They aren't going to do anything unless the big companies like Disney (or someone who can afford the legal fees) complain. How sad. Thank you for letting us know.

1 comment
rescuer by rescuer 11 Apr 2018

I understand them not wanting to be responsible for things their shops offer, but one could hope the burden of proof should reside with the one creating the designs -- not the customer reporting it.

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by sewtired 11 Apr 2018

They don't offer much protection to their customers do they? Thanks for looking out for us.

1 comment
rescuer by rescuer 11 Apr 2018

No, it seems they don't.

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by katydid 10 Apr 2018

I guess I misses out on what was going on. Catch me up.

3 comments
rescuer by rescuer 11 Apr 2018

We had reports of designs offered on Secrets of Embroidery that were done without the original artists consent. When we asked about the situation and the steps to report such things to them -- this was their reply.

katydid by katydid 11 Apr 2018

Got it. What country are they from?

rescuer by rescuer 12 Apr 2018

I'm not sure. I haven't looked them up.

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by graceandham 10 Apr 2018

Wow!

1 comment
rescuer by rescuer 11 Apr 2018

Exactly.

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