Messages

1

Riddick/Imageline Letter Forum / Re: Embroidery Industry Consumer Alert - We listened!

« on: April 02, 2009, 09:51:50 PM »

1.  I answered your question.

Larry Pike
Artistic ThreadWorks Inc.

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Riddick/Imageline Letter Forum / Re: Embroidery Industry Consumer Alert - We listened!

« on: April 02, 2009, 05:46:38 PM »

Many people used images from clipart.com for years to make embroidery designs.  Most of us first verified with them that making embroidery designs for sale with their clipart was acceptable use before doing such.  We have retained their affirmative responses in our archives.

We no longer have any designs available from clipart.com on our website as your email brought to my attention that is was time to review the quality of designs we sold.  We realized that our designs made in 2001 and 2002 were looking very dated.  

Here is an email exchange between us and clipart.com re-confirming that they still allow use of the clipart obtained from their website for creating embroidery designs for sale.




---------------- begin emails ----------------------------


-----Original Message-----
From: Larry Pike [mailto:[email protected]]
Sent: Wednesday, March 04, 2009 12:38 PM
To: Kisha Woods
Subject: Copyright question


TO: Kisha Woods / Jupiter Images Inc
FR: Larry Pike / Artistic ThreadWorks Inc
DT: 3/4/2009
RE: Copyright Question


Hello Kisha -

My friend xxxxx xxxxx passed the following information to me and I want to verify that it is correct before I rely on it.  I basically have the exact same question as xxxxx had about using images from clipart.com in creating an embroidery design.

I'm sure you get emails all day long from customers with questions so to refresh your memory this is what the email to xxxxx asked.  Is it permitted to use images from clipart.com in making an embroidery design for sale.

Here is the basic info in the emails between you and xxxxx...


--------------------------


xxxxx 's question...

"So, it is permitted to create Embroidery designs from the artwork on Clipart.com, (for resale) and sell or distribute them for sale on a website, and on cd?

And as long as we do not modify the actual image copyright would belong to me on the actual embroidery design? or does Clipart.com claim copyright on any embroidery design that would be made from these images?"


Your answer...

"Clipart will always retain the rights for the images on the site. Of course we cannot claim credit on the product itself, just the image used. If you are going to post them on a website, then you would have to give credit on a credit page or adjacent to the image itself.

You are able to create your designs with the artwork on Clipart.com.

However, you cannot put these images on a CD as that would constitute "re-distribution" of the images.

You are able to post them on your website, but please make sure they are loaded at the lowest DPI possible (usually 72DPI).

Also make sure that you give credit as to where the images/clipart was obtained on a credit page or adjacent to the image."


And from an earlier email between you and xxxxx...

"You are also permitted to modify the images as much as you like. You are not permitted to claim copyright on the images that you do create using Clipart.com images. Intellectual Property laws do protect the artist and the original work including derivative works."


--------------------------


Thank you in advance for your time to respond to this query.

I just want to be sure that I got this right from my conversation with xxxxx.


Warm regards,
Larry Pike
www.ArtisticThreadWorks.com





Response back from clipart.com


Hi Larry,

I can definitely understand wanting to be sure about the usage of Clipart. Let me assure you that you are permitted to create, design and sell your embroidery design using Clipart images. The conversation between xxxxx and me is indeed correct.

Please let me know if you have any further questions.

Kisha Woods
309-687-0138
[email protected]




-------------------- end emails -------------------------


Clipart.com said we could and clipart.com still says we can (although we no longer do) use their images.  


Larry Pike
Artistic ThreadWorks Inc.

3

Riddick/Imageline Letter Forum / Re: Embroidery Industry Consumer Alert - We listened!

« on: March 29, 2009, 09:19:55 AM »

Wow.  I'm not sure to what I owe the honor of being included with a list of companies like Bernina, Great Notions, Dakota Collectibles, etc.   Our business is a mom and pop (litterally) company as is at least one other company on this target list.   We used clipart from a major clipart website AFTER asking them if it could be used for making embroidery designs for sale and being told (in writing) that it was a permitted use for the artwork sold on their website.  To this day this clipart website still says their clipart can be used for creating embroidery designs for sale although we no longer use anything from their site and have removed all designs based on artwork purchased from them.  

I applaud the change in direction and the decision to leave the small small business owners out of this catfight.  It seems to me like there's plenty of large companies to go after on this list where there is at least a chance of making some money off the efforts.  Like most of the hundreds of small businesses in this industry we would not be worth the effort to sue.  Let's just say there is no pot of gold at the end of this rainbow.  We do however take this situation seriously and have handed the matter off to a lawyer for follow up as I am not an attorney.  

Larry Pike
Artistic ThreadWorks Inc.