Digitizing and copyright information

Endevors · October 15th, 2008, 10:01 PM

I have been doing my own custom embroidery for about 18 months, I have been trying to get any information I possible can about what is ok to digitize and what is not, I dont want to break any copyright laws and no one seems to be able to direct me in the right direction.
I really would appreciate it if someone could step up and give my some clear advice and direction. Is there some kind of digitizing lawyer that I can hire?
I would like to also know if I am allowed to digitize (from my own photo) my husbands 73 race car, and am I allowed to copyright it so I can sell the digitized emb design on tshirts. And if I cant get it copyrighted does that mean I cant even embroider it on shirts for sale either even though its our auto and picture too?????

dangig · October 16th, 2008, 12:48 AM

if the design is copyrighted i dont suggest selling them if you are wearing them for yourself i dont see a problem. we digitize for alot of people but the main things not to touch are thr big companies like lacoste, nike dolce and gabanna etc.. but some things you can get away with some you cant. corporate is ok i would say. like a t &t stuff like that but nascar u need a license to selll that stuff and some people pay thousands for these licenses. hockey team stuff i wouldnt do. its a tough call

Endevors · October 16th, 2008, 01:17 AM

Dont know if the design is copyrighted, We have a 73 mazda rx3 that I would like to digitze and if it came out good I would've liked to make a few tshirts to sell, but I sure dont want to break any laws. Why are these rules of digitizing copyright laws posted somewhere CLEARLY if copyright is such a problem? thanks for responding

SkyLinePrints · October 16th, 2008, 08:16 AM

Its not a question of digitizing. There are not seperate copyright laws for digitizing, there are just copyright laws. Any copyright attorney can guide you. I've spoken to some quite a few times over the years when dealing with sports logos, corporate logos, and some questionable trendy sayings. Got sued once for copyrite and will NOT let that happen again. If you are questioning it, then you already know you are walking a dangerous line.

Good resource: http://www.copyright.gov/

Also, you own the car but you dont own the Mazda logo. The rights to the logo are not transferred to you by buying a car. It would be like buying Nike shoes then thinking it was ok to reproduce the Nike Swoosh.

Personally, what we have done when working with race cars, draw/digitize the car but leave off the logos. Create a "blog" that represents where the logo goes but not the actual logo. You can be creative with this and it should work fine. People arent going to be looking for logos, they will be looking at the overall car.

All I can say is becareful. I'm not usually this blunt but some companys are very aggressive about protecting their logo. 1 shirt cost me $10,000. Don't let this happen to you.

Endevors · October 16th, 2008, 11:25 AM

thank you for your reply, no I dont do logos, and I have never been asked, that has always been clear cut, I was only asking about the old car itself. The reason I am asking is the fact that I am able to find designs of hundreds of other old vehicles from large reputable dealers, but not this one. I will take your advice and speak to a copyright attorney before I do anything. I would not feel comfortable unless I knew for sure that its ok.

Endevors · October 16th, 2008, 02:10 PM

I finally got my answer, one is not allowed to digitize an old car, and if you cant digitize it you sure cant sell it sewn on garments. I found out that the larger or older digitizing companies that sell stock designs ARE allowed to do this because of a clause in the law called the Grandfather Clause which allows them to continue to do so, based on practice prior to legislation, of a practice now forbidden by new legislation.

Needless to say it cleared up all of my questions, I can have the car digitized and embroidered by a reputable dealer who is allowed to and does under the clause and give the garment to my mate as a gift. Also, the company who digitizes it is the only company allowed to sell it under that same clause.