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Old 03-10-2017, 02:22 PM   #1  
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Default Opinions needed. Digitizing an svg or png?

Right or wrong legally?
I don't want to sell the design itself, I want to use it on a card as a FSL pin for her to remove from card to wear.

It is a VERY detailed design. I purchased it from Etsy last year (a year ago) but the designer is no longer designing or selling designs and doesn't answer my question if I can digitize it or not.

Anyone ever come across this? I am trying to be so fair to the original designer, but the design does not cut at a smallish size at all....to detailed so FSL embroidery will be perfect anyway with my plans.

Thank you for any help!
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Old 03-11-2017, 05:43 AM   #2  
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My thought was to visit the "terms of use" from another designer, and Mo Manning came to mind. Here's a link to hers: Terms of Use

She clearly states that her images "may not be turned into files for embroidery or needlework patterns". There is also the clause that says that anything made with her designs must be handmade, as opposed to mechanical. Given those two thoughts, I think it's best to stay away from possible trouble...
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Old 03-11-2017, 05:58 AM   #3  
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Hi,
Thank you!
I did read her/his TOU and it says do not sell original file. You may sell anything made with design, just can't sell file.
So, the info on what can not be done is so limited. I wish I could reach them...they no longer create...
But, thank you, I will play it safe.
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Old 03-11-2017, 08:42 AM   #4  
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If the terms of use don't say anything about forbidding mechanical production or such, and you're not selling this item, just gifting it, maybe you're okay. If the designer is completely out of business, maybe there's no conflict, anyway. Maybe someone else can offer an opinion, as well, since I'm not helping much, lol...
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Old 03-11-2017, 09:43 AM   #5  
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LOL
You are thinking like I was lol.
But...I also think that just because I *read* they were gone, and just because *I* can't find them, well, that does not mean they are not really there somewhere lol.
Was just hoping there was some law or rule that I don't know about if they don't mention using it as embroidery file. We do so many things to our designs now that I need to learn the law I guess LOL
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Old 03-11-2017, 11:34 AM   #6  
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"Learning the law" isn't all that simple, since it doesn't apply across the board. Different companies/designers/other entities have their own policies and procedures that may allow uses that laws are designed to protect from, and others may have more restrictive policies than just what is proscribed by law, so you'd still be in a quandary...
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Old 03-11-2017, 06:44 PM   #7  
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I wouldn't stress about it, since you're not planning to re-sell the design itself. Make your project, and enjoy yourself. You bought the design to use it, so you've paid for it. I know others will disagree, but that's how I feel about it.
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Old 03-12-2017, 12:25 AM   #8  
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I am with the thought that it is OK to use it for your purpose. You are not selling it so I would consider it personal use. I think we all do our best (I know I do) to be respectful of an artist's work. You did pay for it and you did attempt to contact them. If you are only making a few of the item I think you will be fine.
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