by modo 03 Aug 2009

What do you think? I have some old embroidery designs for transfer with hot iron, is it ok to digitize them or are they copyright?

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getEdited - SELECT
by mops Moderator 04 Aug 2009

I've got transfers from the mid 30s, they belonged to my mum. In 1968 I embroidered the butterflies on a cot sheet, with just one strand of embroidery floss. My daughter now uses the sheet for her daughter and said it looks like machine embroidery. he he. I can still use them, by hand, by free machine embroidery or I could digitize them, use the embroidered items for myself and for gifts, might even sell them. I would have to check with my brother (he's a lawyer - does a.o. brand related things) to make sure I could do anything else - like giving away or selling the digitised designs.

1 comment
modo by modo 04 Aug 2009

thanks

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by evajungermann 03 Aug 2009

Hi Modo,
here in germany an artist or an author has to be dead for 70 years until his artwork becomes commonplace.
Technical progress or methodes of use have no influence on this.
CU
Eva

1 comment
modo by modo 04 Aug 2009

thanks

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by simplyrosie 03 Aug 2009

Modo, I think it all depends on what you have planned for the digitized design. If you wanted to sell the file or a product with the design on them, you'd be breaking copyright laws...

HOWEVER, if you plan on putting this design on a purse you're going to use, there shouldn't be anything wrong with doing this.

The best advise one can give is this: contact a corporate attorney. Many people will give their input on CUTE, but do any of them have legal backgrounds? I never got into this type of law in college, so I'm not sure, but I can ask some of our coroporate lawyers and ask them (if I can remember).

2 comments
modo by modo 04 Aug 2009

If I get it right: it is safe to digitize it and use it for myself or to give the item I make but not to give the digitize design

modo by modo 04 Aug 2009

Thank you, that would be nice to ask them

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by sandynavas 03 Aug 2009

See this article. I'd think if you are certain they are from the 1930's or before that you are free to digitize them. Otherwise??

1 comment
modo by modo 04 Aug 2009

thanks, I think it is safer to do my own design

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by lbrow 03 Aug 2009

I have some old Workbasket magazines from early 40s that have the hot iron transfers in them & have often wondered if they could b digitized. glad u asked the question *

2 comments
bevintex by bevintex 03 Aug 2009

I love the old workbasket magazine, some of the old stuff is becoming new again. I used to have a bunch of them but dont know what became of them
Bev

modo by modo 04 Aug 2009

*4U

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by mpo14011 03 Aug 2009

Look, I think if you are not planning to sell them, but only use them for your own personal use, it should be OK.

1 comment
modo by modo 04 Aug 2009

thanks

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by daisy530 03 Aug 2009

If you are not selling them, and have the original transfer, who is going to tell you how to stitch them out?

6 comments
modo by modo 03 Aug 2009

make sense

bevintex by bevintex 03 Aug 2009

That still doesnt make it right.
Bev

daisy530 by daisy530 03 Aug 2009

If I buy a dress pattern, the pattern company CAN NOT tell me how to put it together-- by hand, by machine or tape--they also can't tell me what to embroider on a pocket on that dress.

bevintex by bevintex 03 Aug 2009

She is not talking about stitching them. She is talking about copying them. Follow your conscience!
Bev

daisy530 by daisy530 03 Aug 2009

Question is "can she digitize them?" She did not say COPY.

bevintex by bevintex 03 Aug 2009

I dont feel like arguing. Just stating my opinion.I am done now
Bev

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by mpo14011 03 Aug 2009

All pictures are copyrighted. As soon as something is put down for everyone to see there is an automatic copyright on it.
You would have to make a lot of changes to it so it becomes unrecognizable from the original.

1 comment
modo by modo 03 Aug 2009

thanks

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by manami 03 Aug 2009

I assume you can't digitize them. I tried to digitize a sugar skull copied from a tatoo, and one comment that I couldnt digitize it was rised that time, so I changed the design so I could give it to Cuties. If you change it will be not a problem, plus you will have your own artwork.
Love, Yoriko

1 comment
modo by modo 03 Aug 2009

Thanks

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by bevintex 03 Aug 2009

Are they Aunt Marthas from colonial patterns.
All her designs are copyrighted and digitizing is strictly prohibited. I would almost bet other brands would be too.
Bev

1 comment
modo by modo 03 Aug 2009

*4U

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by marymoore 03 Aug 2009

well it is acording on how old they are i think if i am correct that it is like 80 years then it is ok

4 comments
mpo14011 by mpo14011 03 Aug 2009

You are sort of right Mary. In Australia the copyright lasts for 70 years after the person's death.

modo by modo 03 Aug 2009

my mom had them, some are from her mom...how old, I do not know, paper is yellow, some have birds, cup ans saucer, flower etc

simplyrosie by simplyrosie 04 Aug 2009

There are some restrictions here too Mary. For instance, Elvis Presley International won't allow you to use Elvis' images, even after years later he will be dead 80 years... I'm not up on this, but a corporate attorney that deals with copyrights would know. I'll try and remember to ask some of the lawyers we have on staff.. might not be an area of expertise for them, but it's worth a shot.

mpo14011 by mpo14011 04 Aug 2009

In the States you can take out an extended copyright.Which means that the owner of that picture or artwork has extended the copyright to beyond 70 years after death to any amount of time he/she chooses.
When you deal with photographs, the copyright of that photo belongs to the photographer.

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by shirlener88 03 Aug 2009

WOW - now that is a good question. Hope the digitizers help with this one - would love to see some of the old embroidery come forward. *4U

1 comment
modo by modo 03 Aug 2009

*4U

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