What is in a design
We just spent a year studying copyright. It really comes down to this "If you created it, you own the copyright" You don't have to register it, the second the pen hits the paper. the finger pushes the camera button, you get the idea, it is copyrighted. So if you didn't create it, you better ask and keep in mind that a no response is not a yes.
When we design Corporate Identities and other advertising, we transfer the rights to the design to the customer. Once that is done, If we want to use a reproduction of the design in our own advertising, legally we have to ask permission. The same would apply to the official Chevy SSR Logo, but I doubt Chevy would give permission to use it on anything. :nono
I have had designs knocked off. It is not a fun process trying to prove you were the first to come up with a certain look, layout, trailer, car part, etc. The laws are suppose to protect originality, but the way the laws are written, the process is a joke. For example: You write a hit song, it’s copyrighted. I use your tune exactly how you created it and change the words, I have a new creation and can enjoy the same copyright protection without paying royalties. :willy:
On the other end of the spectrum, we have reproduced printed materials where our customer did not have all copyrighted permissions secured. This is a very touchy subject because copyright laws can be all inclusive. You would think that the customer would be liable, but the way the law is written, everyone that “touches” the process can be held responsible. :banghead If I asked for a written statement from every customer on every job if they have permission to use every photo, logo, element or design for every printed piece that I produced, I would not be in business.:cry
Bottom line....The Embroiderer was correct to turn down the job (Copyright Infringement) But, you didn’t ask for them to produce a quantity that would make them think you were going to be selling them so they could have done the job for you and not worried about it. :thumbs