Embroidery Machines Lets Chat & Have Fun
#3601
Banned
Join Date: Aug 2014
Location: Victorian Sweatshop Forum
Posts: 4,096
My understanding of this is that you can buy the design, and use it, and even sell the items you've created with your purchased design...the problem is when you trade or sell or share the design you bought. The trademark is on the machine design, not what you do with it.
No, you can't. Directly from Brother -
"Limited License and Scope.
The Images are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to the Images for your own personal use within the United States and not for republication, distribution, assignment, sublicenses, sale, preparation of derivative works or other commercial use all in accordance with BIC's download policy. The Images which may be downloaded from the Site are for personal, private use only. Any commercial or business use is strictly forbidden by copyright laws. You agree that you will not distribute or otherwise provide the Images to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Images from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the Images by individuals not specifically licensed to use the Images under these terms and conditions. BIC reserves all rights, title and interest to the Images not expressly granted to you under these terms and conditions.
Term and Termination of Limited License.
The license set forth herein is effective until terminated (i) by your deletion of any Images downloaded by you or (ii) automatically if you fail to comply with these terms and conditions. In the event that the license is terminated, you agree to destroy (or permanently erase) all copies of the Images. BIC may terminate this license at any time by providing notice to you by fax, email or letter.
Restrictions.
You are not permitted to sell, rent, lease, lend or otherwise transfer the Images on a permanent or temporary basis without the written consent of BIC. You are not permitted to distribute items containing the Images for a commercial purpose. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Images. You may not sublicense the Images, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by these terms and conditions.
Ownership and Copyright.
All title, ownership rights, and intellectual property rights in and to the Images and any copies thereof are vested in and shall remain in BIC and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Images or to any related patents, copyrights, trademarks or other intellectual property. The Images are protected by the copyright laws and other intellectual property laws of the United States and international treaties. You may not copy the Images, except to download the Images to your computer or flash drive in order to transfer the Images to your embroidery machine. "
I'm not saying that people don't do it, and there is a way around it, it's getting a license from Disney(to the tune of mucho $$) to sell.
Cari
Last edited by Cari-in-Oly; 04-05-2017 at 06:46 PM.
#3602
Super Member
Join Date: Oct 2010
Location: Tennessee, UC area
Posts: 1,583
Thank you, Cari, for going to the trouble to post this. But it will make no difference to some people until they have to pay a huge fine and lose their expensive machine in a lawsuit by Brother. As I posted before, Mickey Mouse, etal are not that important to me that I would take any chances...I have too much invested. Those selling illegally are lucky-until they get caught. You can't fight all the lawyers that Brother Corp. has on retainers!
#3603
Senior Member
Join Date: Jul 2012
Location: North Carolina
Posts: 442
Yes, I bought some designs last year at an event by a specific embroidery person - they used the mylar. I did a wall hanging using those designs (sea shells), and it turned out really well. It was a gift for a friend who had recently bought a beach house. Thought I had a picture of it finished, but I just have it pieced and not yet pressed or sandwiched, but the designs were geat - but you cannot see the mylar in the picture, although the shells shimmer when seen in person because of the mylar underlay.
[ATTACH=CONFIG]571090[/ATTACH]
[ATTACH=CONFIG]571090[/ATTACH]
#3604
Mouse, can you explain a bit what is this the myler under....I never went to Mid atlantic quilt festival....lucky you....
Did you use your Befnina or which machine ??? ... I wish you could post...it sounds interesting
#3605
Super Member
Join Date: Aug 2010
Location: Upstate New York
Posts: 1,231
Yes...but...LOL....at the very top of that page you copied, they define "image" as the embroidery file itself...so you can't share, trade, sell, etc...the embroidery file. I think the confusion is coming in because we think of "image" as the stitched out design, but by their own definition, it is the file that stitches the design out.
No, you can't. Directly from Brother -
"Limited License and Scope.
The Images are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to the Images for your own personal use within the United States and not for republication, distribution, assignment, sublicenses, sale, preparation of derivative works or other commercial use all in accordance with BIC's download policy. The Images which may be downloaded from the Site are for personal, private use only. Any commercial or business use is strictly forbidden by copyright laws. You agree that you will not distribute or otherwise provide the Images to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Images from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the Images by individuals not specifically licensed to use the Images under these terms and conditions. BIC reserves all rights, title and interest to the Images not expressly granted to you under these terms and conditions.
Term and Termination of Limited License.
The license set forth herein is effective until terminated (i) by your deletion of any Images downloaded by you or (ii) automatically if you fail to comply with these terms and conditions. In the event that the license is terminated, you agree to destroy (or permanently erase) all copies of the Images. BIC may terminate this license at any time by providing notice to you by fax, email or letter.
Restrictions.
You are not permitted to sell, rent, lease, lend or otherwise transfer the Images on a permanent or temporary basis without the written consent of BIC. You are not permitted to distribute items containing the Images for a commercial purpose. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Images. You may not sublicense the Images, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by these terms and conditions.
Ownership and Copyright.
All title, ownership rights, and intellectual property rights in and to the Images and any copies thereof are vested in and shall remain in BIC and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Images or to any related patents, copyrights, trademarks or other intellectual property. The Images are protected by the copyright laws and other intellectual property laws of the United States and international treaties. You may not copy the Images, except to download the Images to your computer or flash drive in order to transfer the Images to your embroidery machine. "
I'm not saying that people don't do it, and there is a way around it, it's getting a license from Disney(to the tune of mucho $$) to sell.
Cari
"Limited License and Scope.
The Images are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to the Images for your own personal use within the United States and not for republication, distribution, assignment, sublicenses, sale, preparation of derivative works or other commercial use all in accordance with BIC's download policy. The Images which may be downloaded from the Site are for personal, private use only. Any commercial or business use is strictly forbidden by copyright laws. You agree that you will not distribute or otherwise provide the Images to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Images from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the Images by individuals not specifically licensed to use the Images under these terms and conditions. BIC reserves all rights, title and interest to the Images not expressly granted to you under these terms and conditions.
Term and Termination of Limited License.
The license set forth herein is effective until terminated (i) by your deletion of any Images downloaded by you or (ii) automatically if you fail to comply with these terms and conditions. In the event that the license is terminated, you agree to destroy (or permanently erase) all copies of the Images. BIC may terminate this license at any time by providing notice to you by fax, email or letter.
Restrictions.
You are not permitted to sell, rent, lease, lend or otherwise transfer the Images on a permanent or temporary basis without the written consent of BIC. You are not permitted to distribute items containing the Images for a commercial purpose. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Images. You may not sublicense the Images, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by these terms and conditions.
Ownership and Copyright.
All title, ownership rights, and intellectual property rights in and to the Images and any copies thereof are vested in and shall remain in BIC and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Images or to any related patents, copyrights, trademarks or other intellectual property. The Images are protected by the copyright laws and other intellectual property laws of the United States and international treaties. You may not copy the Images, except to download the Images to your computer or flash drive in order to transfer the Images to your embroidery machine. "
I'm not saying that people don't do it, and there is a way around it, it's getting a license from Disney(to the tune of mucho $$) to sell.
Cari
#3606
#3607
Super Member
Join Date: Dec 2016
Location: ND
Posts: 2,817
Using Mylar is just like using a stablizer on top of your fabric. The design needs to be less dense so the Mylar shines through. There is nothing hard about using it.
#3608
Super Member
Join Date: Nov 2010
Location: Snowy Minnesota
Posts: 1,378
It must be a good day, because I just learned something new. Thanks for opening my eyes to a new technique!
#3609
Super Member
Join Date: Feb 2011
Location: North Dakota
Posts: 2,633
I just bought a Janome 15000 from a lady who got sick and can't do stuff anymore. I haven't done anything on it yet, but she had so many brand new pkgs of software designs and humongous hoops and thread that I feel I stole it from her. She'd only had it a little over a year plus I got the warranty that comes with it. It is a huge machine. Has its own sewing cabinet too [ATTACH=CONFIG]571169[/ATTACH]
#3610
Senior Member
Join Date: Dec 2016
Location: Upstate SC
Posts: 680
The 15000 is an amazing machine and you will love it. There are lots of YouTube videos, websites, FB pages, etc on line that will help you learn how to use it, if you are new to Janome machines. The manual is also an excellent source. It does beautiful embroidery.
Did you know the lady who had to sell? I can only hope that if I get to the stage that I am unable to use my wonderful machine, that someone who will appreciate it will get it.
Have fun.
Did you know the lady who had to sell? I can only hope that if I get to the stage that I am unable to use my wonderful machine, that someone who will appreciate it will get it.
Have fun.
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craftybear
General Chit-Chat (non-quilting talk)
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02-13-2010 12:12 PM