Can a Digitizer use a design for more than one client?

Robert Young · October 31st, 2011, 11:21 AM

so after seeing some of the responses on the question of whether you as an embroiderer or distributor would use one client's design to get business from another client the next question would be do you think then that it is OK for your digitizer to sell the same design to multiple clients??? You have the opportunity to make money on the product and the sewing. A digitizer only has the design itself.
Now I am not talking about your digitizer selling a design you paid them for to your local competitor necessarily, but more on a national scale... you do the Wendy's logo for a client in Florida, then later a client in Texas wants the wendys logo. Do you think it OK for that digitizer to charge again? or should they repunch from scratch?

megrisoft · November 1st, 2011, 06:43 AM

In our case, we do not do that

powerstitch · November 1st, 2011, 06:50 AM

nope unless its a stock design

widners · November 1st, 2011, 08:27 AM

So you all re-digitize it by hand even though you end up with the same final product? Aren't you doing that work for no reason if the outcome is the same? Or are you saying you refuse the job?

Robert Young · November 1st, 2011, 11:09 AM

"unless its a stock design" I guess that covers a lot since who is to say what IS a stock design per digitizer but that digitizer themselves... So do the clients get a different price for those files that are considered "stock" or do they pay the same price as the first client?

themartaman · November 2nd, 2011, 06:01 AM

Had a discussion with my lawyer about this.If I pay you to digitize a design it belongs to me. You can't sell or use in any way except for me. Before you digitize you need to let client know if he wants design there is an extra charge otherwise you retain and use when he needs it.

powerstitch · November 2nd, 2011, 07:33 AM

Quote:

Originally Posted by Robert Young

"unless its a stock design" I guess that covers a lot since who is to say what IS a stock design per digitizer but that digitizer themselves... So do the clients get a different price for those files that are considered "stock" or do they pay the same price as the first client?

A stock design I consider is a design which is not made on order. So its a design that is punched and kept for selling just like in a shop and I can charge whatever I like to whoever I want just like you were in a shop or restaurant. You decide what your prices are on the menu and its your property so you can charge what you like.

The stock designs wholesalers like great notions seldom have different prices for stock designs and then again they have discount prices so they can decide on the prices. Today I could pay $10.00 for a design and tomorrow they could have a 50% off. I cant go complain!!

powerstitch · November 2nd, 2011, 07:37 AM

Quote:

Originally Posted by themartaman

Had a discussion with my lawyer about this.If I pay you to digitize a design it belongs to me. You can't sell or use in any way except for me. Before you digitize you need to let client know if he wants design there is an extra charge otherwise you retain and use when he needs it.

yes this is absolutely correct!!!

At our factory we retain the design of the customer although they have paid for it. We will not charge them again when they reorder but we are just protecting and securing our business. We pride ourselves in our digitizing and none of our competitors can make designs like us so by giving away our designs, we will be loosing out on the actual orders because the competition does the actual embroidery much cheaper than us. We get our price for embroidery for the good quality digitizing as well as the quality of embroidery.
This is just the way business has to be done I guess!!

nametags · November 2nd, 2011, 08:28 AM

Quote:

Originally Posted by themartaman

Had a discussion with my lawyer about this.If I pay you to digitize a design it belongs to me. You can't sell or use in any way except for me. Before you digitize you need to let client know if he wants design there is an extra charge otherwise you retain and use when he needs it.

I disagree with this. I've been told it only applies if the design in question is trademarked or copywrited. And in the event you use the design in question, and change it somewhat but it still reflects a similiar appearance, then it's up to a court to decide if it's infringement or not.

Furthermore as I'm told, the physical design itself, as to the .dst or whatever file format as it's in your computer memory, does not belong to the customer, only the design as it's used in whatever fashion, belongs to the customer, on a garment or hard item. As I understand that,,,,,the customer that paid you for the file can request you give, or sell, it to them, but you're not bound or obligated to do so. You can do as you wish with it, as I said above, give it to them, sell it to them, or delete it. They can instruct you not to use it. And, they would have to prove that you did use it should they see it elsewhere. Again, I'm told this applies only if it's trademarked or copywritten.

I'm not a lawyer obviously. It's a shame the business has taken a turn in this direction over the years,,,,

Robert Young · November 2nd, 2011, 02:22 PM

Quote:

Originally Posted by themartaman

Had a discussion with my lawyer about this.If I pay you to digitize a design it belongs to me. You can't sell or use in any way except for me. Before you digitize you need to let client know if he wants design there is an extra charge otherwise you retain and use when he needs it.

that is all fine, but realistically? nothing could really happen.. I mean many of these digitizers are off-shore.. good luck with that. And even crossing State lines could be not worth the hassle. I mean what was their profit 20 bucks? 50 bucks? and your damages? very likely most of the time under the small claims limit I would think.

so legally, morally even, you are correct, they cannot use the file. But in reality I cannot imagine a digitizer repunching mascots or corporate logos each and every time. I mean how long does a digitizer have to be in business for you to think: hmmm I bet they have the ford logo already done. or Home Depot, or etc.....