by bejoscha 05 Feb 2014

Hello all,

we (tavernmaker) are very disappointed...We found a lot of homepages selling our desings.
What do you think?
just an example:
https://www.etsy.com/listing/1717...

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by bejoscha 06 Feb 2014

Dear all,
thanks for all your nice and understanding comments - and also for contacting 'abusers' on your own. It helped us a lot letting off a bit of "steam". We have a very strong opinion on this (-shared by most of you-) but we do also understand that being right and getting right are two different things and that one can't do good without risking some disappointments in the process. Still would be a shame to stop doing good because of this, so we will for sure keep our site (and more freebies will be added). Nevertheless we think standing up and "fighting back" is still an important thing and we thank you for your support. (And yes, we agree that not all 'offenders' automatically have to be aware of their fault and might themselves be 'victims' who thought they've bought "regular" designs for use. We therefore also only tell the to stop and that what they are doing is against the law - and don't accuse them of doing so wittingly.
We are glad that (some) sites have now taken action and removed the designs and we are also glad that this thread helps "spreading the information".

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by edithfarminer 06 Feb 2014

I clicked just now on the link and it seems to be withdrawn.
Hopefully some action has been taken.

I am sorry this has happened to you and even if they sell the design ready made and embroidered and not just as embroidery design it would have been only right to have asked you if you mind. I love your work and hope you will continue generously sharing with us, thank you for that.

1 comment
rescuer by rescuer 06 Feb 2014

They have a very simple copyright policy:
Any commercial use of the designs without written permission is strictly forbidden.
I hope this helps other's know it is not OK to stitch and then sell the finished product from the design. Only gifts (given freely) of the finished product are allowed.

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by gerryvb 06 Feb 2014

I went back to the link you gave, but do they sell the designs= Or do they sell the embroidered ornaments. When I looked again I got the impression they sell the finished product , not the designs to make them. But the designs are perhaps for personal use only and not for selling?

2 comments
dennis999 by dennis999 06 Feb 2014

I think that you may have got a bit confused there, Gerry. They were selling the finished product which is against the permitted use of the design as clearly set out on the designers site which does not allow the use of purchased or free designs for financial/commercial gain without prior approval of the design owner.

gerryvb by gerryvb 06 Feb 2014

thanks Dennis I think it's sad,this happens. Hope tavernmaker is able to do something against it.

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by gerryvb 06 Feb 2014

I'm sorry this happened to you. I think it's unacceptable. But I think the owner of this site has seen your post. because I looked using the link you posted and it's not available there anymore. I hope there's a procedure you can follow against these sites, for stealing your designs. I assume you have to prove in that case they are yours. and I don't know if that's a difficult process to follow. Good thing you mentioned it here. Now we are alert and these sites know, we know it too now.
I can understand you are very disappointed and angry about it. Hope in future it will not happen anymore.

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by marfa 06 Feb 2014

I'm totaly agree with you. Please take time to contact owners of the websites who have stolen your work. I know, it's not easy and yours first emotion is very hot.
I'm so sorry this happened to you.

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by poletticel 06 Feb 2014

I'm so disappointed with you, and yes, a little bit angry too !!! I can't understand why some people don't have respect for rules and the hard work made by others.... Please take time to contact Etsy and the owners of the websites who have stolen your work, it's a crime. With all my thoughts, CĂ©line from France.

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by dragonflyer 06 Feb 2014

So very sorry to hear about this...I can understand how disappointed you must be. I hope you have taken some of the suggestions below and contacted the offenders and the owner of Etsy...this is a crime...

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by marianb 06 Feb 2014

I'm sorry this has happened, your designs and generosity are appreciated by all here at cute..

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by justsew 06 Feb 2014

I love your site, you are very generous with your free designs, and now you have highlighted this Cutes will keep an eye open for you I am sure.
It Is very sad indeed.
Hugs Pam.

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by gerryb 06 Feb 2014

The angel has been taken down. I just went to the site & it's no longer available. So guess your message was received!

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by manami 06 Feb 2014

Hi Bejoscha, I'm so sorry this happened to you. My very first FSL attempt was your beautiful angel, and I'm still amazed with the quality of the digitizing. I hope you can take legal action. Love and hugs, Yoriko

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by carolpountney 06 Feb 2014

I am very sorry why do people do this, can you take legal action, it terrible

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by airyfairy 05 Feb 2014

I am so very sorry this has happened to you. Sarah.

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by crafter2243 Moderator 05 Feb 2014

I am so sorry this happened to you. It must be upsetting to find out that your generosity is being misused. I enjoyed your designs so much and have included them occasionally in a card to people that need some encouragement. You are quite clear with your copyright statement and I hope you will be able to stop them.
Angie

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by jrob Moderator 05 Feb 2014

I am so sorry that this is happening to you. I am appalled at anyone who says that they didn't know when you clearly have posted on your site the terms and conditions of using the embroidery. I have sent an email to the "shop" owner telling her such. I hope you get satisfaction from whatever way you decide to handle this.

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by debbie3 05 Feb 2014

I think it is terrible for someone to do this. I don't think it is because they don't pay attention, I think they just don't care, and want to do what they want to do. I'm sure some of the homepages has the same terms as you do. Talk to a lawyer and see what their advice would be.

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by capoodle 05 Feb 2014

Hope some of the suggestions below are able to help you. This is a dreadful thing to see your work being sold without permission or acknowledgement. Both are wrong since it is in your design file agreement. Found her Facebook page and it says she works at Charlotte County Board of County Commissioners, Florida. She should know better.

https://www.facebook.com/bonnie.n...

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by rescuer Moderator edited 05 Feb 2014

Thank you for posting this. We try so hard to help all Cuties understand copyright and its importance. I do hope this will encourage them to read and follow the rules when they download from any site.
I appreciate all your design gifts and would only use them as stitched gifts. I do hope others will learn to do the same.
May you be blessed. Hugs

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by dennis999 05 Feb 2014

I would echo the comments made below and in particular write formally to each of the transgressors and to the site owner of Etsy, setting out exactly what action that you require from them now and in the future. This correspondence should include a requirement that they respond within a set time period, set by you. I too have read your policy, the terms of which could not be clearer. A lot of this goes on in EBay where people are buying CD collections by high-profile digitizers and then burning CD copies for onward sale. I wish you every success in getting this practice stopped.

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by marjialexa Moderator 05 Feb 2014

I agree with the others. It's a shame you have to waste your time contacting these people, but I would contact every one and send a copy of your Terms of Use, and tell them they are breaking the law. I would also contact Etsy with each one of the stores names that is selling products made from your designs, and send them a copy of your Terms of Use as well. It is a shame that some people don't bother to read the Terms of Use, or choose to ignore them, figuring they won't be caught. Maybe for some few it is a "mistake", especially if perhaps English is not their first language, and they are using a translating program, those can make a real mess of some ideas. But I think most are just too dumb to read the rules, or think the rules don't apply to them. It's a shame, because you have beautiful designs, and we appreciate having them as gifts to us, and giving them as gifts to others. I really hope you get this straightened out soon, and I'm so sorry you must waste your time on these ignorant people. Sincerely, Marji Alexa

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by asterixsew Moderator 05 Feb 2014

If it were me I would contact each one and enclose a copy of the terms of agreement of what they could do with your design and contact Etsy too. I know that too many are oblivious as to what copyright is. Please let us know what the outcome of this is AND good luck

1 comment
asterixsew by asterixsew 06 Feb 2014

On re reading others comments I am adding this. You are in a much stronger position to deal with copyright infringements than us on the buying side. I never cease to be amazed at the amount of copyrighted designs that are for sale on the internet.

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by pldc 05 Feb 2014

wow I can understand how surprised & disappointed you must be to see such a blatent misuse of your creations. I know that the site DBC was removed because people in another country stole all our designs & made & disk with them all to sell. Some people seem to have lost their moral compass not to mention the legal side of things

1 comment
rescuer by rescuer 05 Feb 2014

Just to clarify --
The DBC was taken down for maintenance because a single user displayed digitized designs against the copyright/rules for the use of that artwork. It was never supposed to be displayed online and never shared (in any way not even in pictures) or sold -- ever! It was intended for personal education purposes only.
The DBC is still under maintenance because many Cute contributors did not follow some or all of the Cute rules for posting.
The disk sold in another country is a different issue.

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by thecraftycritter 05 Feb 2014

Seems quite a few of our own followers do not read and/or understand copyright law. Once upon a time I had a business and there was so much misuse and abuse of the law that I quit designing for anyone other than myself. The stitchery community will suffer as these practices continue - does no one understand why "Designs By Cuties" is no longer available? For the very same reason. How many companies will disappear before people quit ignoring the law. Soon there will be no designers and where will the designs come from then, whether purchased, given as freebies, or stolen. Wake up people, obey the rules and give credit where credit is due!

1 comment
rescuer by rescuer 05 Feb 2014

I wish we could help ALL Cuties understand that they must READ and follow the rules for any site. It would have saved Ms. Veronika so much time and heartache -- if people would have just followed the rules of an artist concerning the display and use of artwork.
She would have been finished by now -- if it weren't for so many that didn't read and follow the rules for this site concerning posting, copyright and stitch-outs.
Please Cuties -- please read and follow the rules for every site you visit. It is very important!

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by theduchess 05 Feb 2014

Dear Tavernmaker, I for one have enjoyed your designs and have always given ,never sold anything. I am very sorry to see that someone is trying to pass the designs as theirs.Please, I do hope you realize the 99% of us would never abuse this free gifts.I have written to ETSY also.Thanks from everyone at CUTE for your generosity.Stella.

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by pinon 05 Feb 2014

I am so sorry this has happened to you. It must be very disheartening to see how people have disregarded your wishes. As you have stated your copyright is both clearly posted on both your site and in the design folders. It is a shame you must use your time to resolve this issue with unscrupulous people. But I believe these people are in the minority and the majority of us abide by your desires. For myself, I keep your designs in a special folder with "do not sell" in the name and a copy of your copyright inside.

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by kylasm 05 Feb 2014

I agree she should be informed that what she's doing is wrong. Some people have no understanding of copyright or think it's not serious. A woman was complaining last month (in a different group) about being kicked off of Etsy for selling 3 Hello Kitty barrette designs. She said "I guess Hello Kitty is a copyright image". She seemed completely shocked, as if it never crossed her mind before selling. I'm sorry your designs are being misused. I hope Etsy will be helpful in correcting the matter.

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by eyeztodiefor10 05 Feb 2014

It is people like this who ruin life for the rest of us who abide by the copyrights of others. Please know that most of us have nor would ever knowingly sell your designs! I've sent so many of your angels to folks in need that you must know they have lifted the hearts of many.People don't always write us back after sending an angel but some do and they appreciate them so much you have no idea. I am sickened that this has happened to such a wonderful and giving benefactor as yourself! Most of us do honor your wishes and do not sell the designs or items made from them. I pray you will not let the actions of one destroy your policies and practices for the rest of us. I'm so glad you contacted Etsy! Please let us know the outcome of this situation as it concerns us all.May God bless you for all the good you do for others.
Meri

1 comment
bejoscha by bejoscha 05 Feb 2014

Thank you. We love the idea of the "hope messengers" of our designs. It is very nice of you doing this job. We do not plan to stop our site. I just was realy disappointed.

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by dchamberssc 05 Feb 2014

I agree, I think not everyone remembers the copyright on all the free designs offered everywhere. I am sure if you just sent her a message, she would remove the items and not do it in the future.

1 comment
bejoscha by bejoscha 05 Feb 2014

Maybe, but if someone sell any product then the copyrights have to be clear and this is a clear responsibility of the seller on the first place, like tax. This site was only one example of about 15 other peaple. We wrote every one an email. I even find a czech page selling only items from our homepage, about 100 types. I don't think this is about remembering, but about correct behavior.

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by gerryb 05 Feb 2014

Hopefully you can straighten this out with the lady selling the completed items. I do understand! I have made a lot of your designs & given away a lot. It IS listed there you are not to sell anything made with them. Can't understand why they didn't just ask you about it. Only thing I can think is MAYBE they didn't mark where they got the design & didn't realize it was not to be used for sale items?? I know sometimes I can't remember where I get a design after I download it! I try to go at once & resave it in my software marking when I got it. I'm sorry this is happening.

3 comments
rescuer by rescuer 05 Feb 2014

I have a special folder named "No sales" I recommend that all Cuties create such a folder and use it. I am glad that some of the Cuties have read and understand the Tavernmaker site/design rules.

gerryb by gerryb 06 Feb 2014

Good idea!

ansalu by ansalu 06 Feb 2014

Most of the freebies from the german pages are not for commercial use. I love the Lulu-designs from Anne Higgins (Amazing Designs) but I don't pay more than 100,-$ for a set just for my own pleasure cause these designs are licensed and you are not allowed to use them for stuff you sell.

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by 02kar Moderator 05 Feb 2014

It makes me sick to see you and your beautiful designs misused.

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by Midnight1 05 Feb 2014

How do we teach people to read the copyright page? One of first things I will do. There are designs I will not buy because of their copyright. I do a lot of charity embroidering and have no desire to sell products I make. Sorry this has happened to your sight. I for one really appreciate
your designs.

1 comment
bejoscha by bejoscha 05 Feb 2014

Thank you

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by anangel 05 Feb 2014

What I saw on the site you list seems to be selling items embroidered, not the actual designs. I only went to the first page, didn't sign in to see the entire site.
Hugs, Angel

1 comment
bejoscha by bejoscha 05 Feb 2014

Yes, but this is also not allowed.

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by pennifold 05 Feb 2014

I'm so sorry this has happened to you. I'm afraid it's a minefield, I really don't think people know enough about copyright laws. Good luck with sorting this all out Bejoscha, love Chris

1 comment
bejoscha by bejoscha 05 Feb 2014

thank you for you understanding

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by lique 05 Feb 2014

I can understand that you are very disappointed. I know it is made very clear on your website that it is for own use only. I am afraid that quite a few people do not read the copyright policy.

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bejoscha by bejoscha 05 Feb 2014

Thank you

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by dander163 05 Feb 2014

She does not even give credit to Tavermaker for the design

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by cfidl edited 06 Feb 2014

comment retracted by request.

6 comments
bejoscha by bejoscha 05 Feb 2014

Thank for asking,
The copyright policy is written on every download site of our homepage and also in the text file coming with the design. If you sell something, you have to know, about copyrights.
And until now nobody asked, if it possible to buy design for commercial use.

mops by mops 06 Feb 2014

Christine, I don't believe my eyes. You've been here long enough to know you have to read the term and conditions of each site to make sure you don't break copyright rules! You also know all the trouble concerning DBC had to do with breaking those rule

cfidl by cfidl edited 10 Feb 2014

deleted

rescuer by rescuer 06 Feb 2014

Christine, I think you are being a bit ornery about Martine's reply. I also see no reason to swear on this forum Please understand that NOBODY SHOULD EVER DOWNLOAD ANY DESIGN WITHOUT READING THE Terms and Conditions of the site and ALLOWED use of the design. I am certain Martine was just as shocked as I was when I read your comment! I think we were both stunned that as long as you have been here on Cute you have never read the terms and conditions of a site. How can that be?
The problems of this site are obvious! The DBC IS not working because people did NOT READ and follow the rules! Some artwork may never be shown online. Some designs may only be used once. Some designs may only be stitched in certain colors...there is a LONG list of rules. Please read them each and every single time you download ANY design.

ansalu by ansalu 06 Feb 2014

Martine maybe Christine didn't pay attention to that point cause she isn't selling ready made stuff. If I would not use it for business I aslo would not mind about that point. Like rescuer I mark those designs which I'm not allowed to sell on subjects.

marjialexa by marjialexa 06 Feb 2014

Christine, your reply to Martine is totally out of line. First, this site does not allow the use of foul language. Second, you can stop "boo-hooing" about being supposedly "bashed" for not knowing about the problems with DBC, you would have had to be either blind or not present for the past six months and not read Veronika's statement concerning why it's down for maintenance to "not know" that. Veronika was kind enough to tell everyone why it was down for maintenance, and that it had to do with copyright violation, which DOES affect the entire group, and was told to the entire group by Veronika herself. You yourself have either brought up or insinuated that copyright was being violated enough times that we all assumed you had the intelligence to actually read the terms and conditions of the sites you're downloading designs from, whether you sell things for profit or not. Apparently that assumption was unrealistic, or your reading skills are selectively impaired, and apply only sporadically. Since you are not the owner of this site, have no legal responsibility or monetary stake in it, any more than any one else does here except Veronika herself, then any of the "many problems" you seem to think the site has are frankly none of your business, nor anyone else's, and will certainly not be speculated about in an open forum. It is your responsibility as an embroiderer to know what you can legally do with the designs you download. It is your responsibility to follow copyright law. Right now the only "problem" I see here is your silly over reaction to Martine's post exposing your "miss innocent" act about any knowledge of copyright. You don't get to have it both ways. You don't get to jump on others about copyright law, then pretend you didn't see Bejoscha's Terms and Conditions. And if you haven't read them, you'd better get on it, and all the other sites you download from. That IS your responsibility, and while ignorance may be bliss, it is no excuse. And kindly watch your language, you won't be warned again.

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by bejoscha 05 Feb 2014

We have very simple copyright policy:
Any commercial use of the designs without our written permission is strictly forbidden.

2 comments
dlonnahawkins by dlonnahawkins 05 Feb 2014

Then I would contact Etsy and send a copy of the copyright policy...I know they have removed other people from the site because of this....But, maybe you could contact site and explain that to her.

bejoscha by bejoscha 05 Feb 2014

We did it. But I am still very disappointed. We are happy to share but we do not like commercial use of our free work. But, we like the use of it for charity, that is a nice use for our designs.

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by dlonnahawkins 05 Feb 2014

Are they selling the design, or a "suncatcher" . I know that you can complain to Etsy if they are indeed selling your designs....I was not sure if they were offering the completed product, or a design....

1 comment
rescuer by rescuer 05 Feb 2014

It does not matter as neither one is allowed to be sold. They give the designs and require those who (download) use them to give the stitched product away and never sell anything made with their designs.
I have a special folder for designs that must never be sold when stitched. There a many free designs that have this requirement.

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by shirl4146 05 Feb 2014

I think they're selling an already made item, not the design itself.

1 comment
bejoscha by bejoscha 05 Feb 2014

Yes, but it is not allowed.

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