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From reading recent postings on this there are references to 'other forums' might one ask which forums to be able to read for oneself? I have only read on Cute about the current Disney purge. Personally I long for Disney to look at that well known auction site in my country of residence as its full of copied Disney designs being sold cheaply on CD's
114395Here is a copy of the Supreme Court Ruling.
As awe some one pointed out on another forum a user was quoting Justice Stevens saying something contrary to what we all have been practicing. His opinion was the Dissenting (one of only two) opinion of the court. That means his opinion was not the ruling. His opinion was not the "winning" one.
I have attached the ruling if any of you are interested in reading it.
57620First let me say that it does not concern me--I have 2 D machines, but I never do the Disney designs--I do not care for them, and I do not sell items! But here is copied statement referring to use and sales..someone might want to investigate further. It interested me that the problem had gone all the way to the Supreme Court. As said, I could not care less as it does not concern me.
QUOTE FROM A 'POSTER ON ANOTHER FORUM: The reason there are so many people selling licensed designs and getting away with it now is because they are stretching the meaning of the First Sale Doctrination. Making copies of the design cards or disks and selling them is technically the illegal part, but it's sort of splitting hairs. Selling a licensed product you've bought, or selling a hand made item you've made using a licensed design or fabric, is not illegal, no matter what copyright holders say any longer. This went all the way to the supreme court. Justice Stevens handed down the ruling saying this-
"The whole point of the First Sale Doctrination is that once the copyright owner puts a copyrighted item into the stream of commerce by selling it, he has exhausted his exclusive statutory rights to control it's distribution."
Of course Disney and other manufacturers of licensed products don't want this ruling to be widely known to the public, but there it is. I've had this discussion several times at my LQS when someone over hears us talking about the sports themed items I make and sell.
by rescuer
09 Sep 2014
Please note that Justice Steven was the dissenting opinion. Disney does still have rights and they are "flexing their muscles" right now.
You might want to let your friends know.
by rescuer
09 Sep 2014
Additional information:
"The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & (c). Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction.
Further, the privileges created by the first sale principle do not "extend to any person who has acquired possession of the copy or phonorecord from the copyright owner, by rental, lease, loan, or otherwise, without acquiring ownership of it." See 17 U.S.C. § 109(d). Most computer software is distributed through the use of licensing agreements. Under this distribution system, the copyright holder remains the "owner" of all distributed copies. For this reason, alleged infringers should not be able to establish that any copies of these works have been the subject of a first sale."
by awesome1
09 Sep 2014
I do not have a legal brain! So most of the ruling goes over my head. Repeat..I do not use Disney designs, nor am I the person selling sports design items as mentioned in the quote ( I should have bracketed the entire statement to indicate all was in the statement I copied. I was visiting the Quilting Board, the embroidery forum, where it read someone's answer to a question "is it legal to put Disney designs on items given to charity?", asking if charity could then sell the item to raise money. I surely didn't mean to stir up a hornet's nest-- I could do that in my back yard ( yep, uh huh). I'm only interested in feedback. But then again, why would I be if I really don't feel it affects me? Haha
by awesome1
09 Sep 2014
Well, I tried to edit out spelling errors ...the auto correct just writes whatever it wants. Please excuse..the edit function only covered a portion of the above post.
by rescuer
09 Sep 2014
I am only trying to inform and I am not upset at all that you brought it up. I am sure many people are wondering why all the rules. I know there are some that do not care. There are others that just do not know. It is the ones that do not know that I am trying to help.
Disney has the money, time and the legal footing to take computers and embroidery machines -- even from users that download the designs.
I am not trying to be "mean" I just want Cuties to know and I hope they will begin to understand.
by awesome1
09 Sep 2014
And you are doing as good a job as humanly possible to inform. However, some just live their lives ignoring advice. That's why there are prisons!
10173Not Embroidery. I was at a function last week and this little girl wanted a frozen balloon. Silly me!!!!!!!!!!!!!! I was imagining a "frozen balloon" how could you do that!!!!!!!!!!!!!!!!. Then the pennies dropped (all at once), she meant a "Frozen" balloon. Hope for me yet. Hugs marg
24824Disney and their actions is the talk of the "forums". If someone has not gotten the message, either they can not read or understand or choose not to.
173580Thanks for reminding everyone about this. Just a couple of days ago I got an e-mail from a well known site that I had never questioned and they offered 2 "Free" Mickey Mouse designs". There was nothing about copy rights, authorized, etc. so I clicked unsubscribe and delete that one and won't bother to open any further that they may send. As someone already mentioned, Disney will go after anyone selling their characters & they can follow throught to those who bought them &rightfully so but i sure didn't want them questioning me!!
8228This is very important for all Cuties to read and understand. Just because someone selling you something says it is "OK" does not mean they are not lying to you to make money.
Do not use Disney designs purchased from Etsy -- they are all illegal. Even if they use a different name -- the likeness is what counts.
57620Word on Facebook is that Disney is doing a sweep of Etsy, eBay, and Amazon sites that sell their products/images illegally. Sites are getting shut down. They certainly have the right to shut them down.
462614Two days ago there was a post in Projects with Disney designs.I could not see the Disney trade mark. Should this post not have appeared on this Cute site. Marg
by meganne
16 Aug 2014
Hi Marg, any person, owning a Brother "Disney" machine, is allowed to embroider Disney characters on items to give away as gifts for family and friends but they MUST NOT SELL any item with Disney characters embroidered on them.
There is a site where Licensed Disney embroidery designs may be purchased by owners of Brother Disney machines and this site requires the machine's Model number before a person can make any purchase, but it is still illegal to sell ANY items even with these 'Licensed' Disney characters on them.
When I purchased my Brother Innovis 750 "D" (for Disney) machine, the shop staff had to read these terms to me and make sure I understood and agreed to abide by them, this is supposed to be a requirement at point of sale of all Brother "D" machines.
I hope this clarifies the issue.
Hugs n love, Meg
.
by mops
16 Aug 2014
I bought a Brother 190D for no other reason than the built-in Disney designs and because it enabled me to use their Disney embroidery cards. But I stay away from those Russian sites that offer Disney designs at low prices - they are all illegal.
by mranderson
16 Aug 2014
Hi Meg. I am well aware of the Disney licence. I have an innovis 1500D. What I was pointing out is that all legal Disney designs have the Disney copyright digitized into the design. The designs I referred to looked like illegal designs. Hugs Marg
by mops
18 Aug 2014
If I am paying enough attention I stop my machine when it reaches the trademark - I just don't like to see that stitched out on every design, especially when i use more than one on a project.
24824Thank you for posting this warning. It has beem said here time and again, but it often falls on deaf ears. This will show how serious it is. And how costly it can be to use the legally gotten ones on items for sale.
145196As my grand mother you to say to me"Be sure your sins will find you out" Well I just read that in the Bible the other day. You will get caught up with sooner or later. I've seen a lot of counterfeit Disney Designs lately and wondered how they got by with it.
145789Good to know, I know I have seen quite a bit of frozen designs, etc, and I am not even looking!
173580I'm glad you keep on harping about illegal designs. They are no bargain. I wouldn't even risk my machines over these designs.
168909Thanks for the reminder about using/selling copyrighted designs, etc.
16706446Wow, so many illegal designs for sale, it is unbelievable. It does deserve reading. Hugs, Yoriko
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740334Thank-you, I was just coming back to try again. I think it is so important that anyone thinking about getting these designs understands they are illegal. If Disney is closing down some of these sites, believe me, they will know who purchased these illegal designs..Hugs..Carol
by rescuer
15 Aug 2014
Thank you for trying to take care of Cuties. Thank you crafter2243 for helping out.
This is a very good topic and it is important for Cuties to understand they will be going after those that purchase the illegal designs as well.
by jrob
15 Aug 2014
This is why we harp on illegal designs not being posted .....you won't have to be looking over your shoulder if you never buy any OR advertise for any. Thanks all of you wonderful Cuties for putting this out here. PLEASE be careful what links you post and thereby associate Miss Veronika and Cute Embroidery . If you have time to post it, you have time to look through and be sure it is a legitimate site.
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