# Am I Stealing Designs?



## InTheLimelight (Apr 29, 2016)

I've been reading threads on designs where people are talking about their designs and stealing designs that took them hours to create. It's making my nervous as a newbie researching. Today I saw a thread about copyrighting designs.  I don't want to do anything illegal or be looked upon as a cheater/bad business. 

Initially, I'm thinking about purchasing some pre-cut templates or digital downloads and pay to have them cut before I invest in a cutter and software. 

If I purchase a digital download template then change a word or two, is that considered stealing? For example, if I purchase a Baseball Mom digital file then change to Baseball Grandmom. 

Also, what are the avg. rates for getting a digital download cut? No design, just open and cut. I found someone on Etsy charging 29.99 but that does include graphic design from scratch....Then I saw another company charging $40 or more. That seems high when I see the cost digital downloads of the same design for $10.


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## Shalisk (Jan 28, 2016)

If you have to ask if you are 'stealing' you are probably better off not doing it.

Copyright law is a pain in the butt and to put it in a forum post would be huge.

The skinny is this:

If you buy a design, and have licence to use it for commercial use (Think sites that charge for download credits) then you can do what you want.

But if you for example take my picture of a fisherman pulling a fish out of water and add: "I am a fisherman" to it, you bet your butt I am taking you to court if I find out.


Do people do it?
Yes.
Does that mean its right?
No.

Just like on etsy you can find my little pony and transformers stuff that is not authorised for sale and infringing on copyright. They should be taken down but, its there.

Just because others do it dont meanits right


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## selzler (Apr 4, 2007)

I love it when people try to change my design and use it as there own. It lets me make more money then having to work my lawyers do all the work 22 people last year already 4 this year. Most of these people have to pay 1 mil and more. Remember just because it's online don't make it free to use what is getting people into trouble is there phone cameras. They see some thing hey I like that take a photo post it online and at that point you can get sewed it's not yours to use its owned by some one else and then some one takes it and remakes the design. One case last year started with the printer then the person that found it online traced back to the person that took the photo and placed it online. All three got sewed great pay day.


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## tshirtinker (May 6, 2016)

Please this is the era of the internet.Its like the wild west out there. Everyone steals from everyone and there are so many parody laws out there its ridiculous. These artists dont have money to hire a lawyer and even if they did nobody is going to sue you over a 20 dollar t shirt sale.


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## InTheLimelight (Apr 29, 2016)

I wasn't talking about seeing a pic/design on the internet and then trying to create the design myself. 

I was specifically asking about purchasing a digital download of a rhinestone template off a website. They send you an .eps file then you cut it. Is it considered stealing the design if I change the wording on it after I purchase it? Or I purchase your rhinestone template of a mascot head, then add the team name to it?

Some of the designs I see are so similar, I'm wondering how someone could say you are stealing the design. For example, Baseball Mom shirt with a baseball on it or a Bear Mascot with Go Bears wording.


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## tshirtinker (May 6, 2016)

No way your fine. Look at Etsy you have 100's of shops selling the exact same design all day long. There is no such thing as an original ideal or thought anymore and its to costly to copyright every design or ideal that you post on the internet. If someone contacts you ask them for their copyright info and serial number or their trademark serial number. I guarantee you when you ask them that you'll never hear from them again and if they do have it all they can do is ask you to take it down. Thats it


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## JeridHill (Feb 8, 2006)

InTheLimelight said:


> I wasn't talking about seeing a pic/design on the internet and then trying to create the design myself.
> 
> I was specifically asking about purchasing a digital download of a rhinestone template off a website. They send you an .eps file then you cut it. Is it considered stealing the design if I change the wording on it after I purchase it? Or I purchase your rhinestone template of a mascot head, then add the team name to it?
> 
> Some of the designs I see are so similar, I'm wondering how someone could say you are stealing the design. For example, Baseball Mom shirt with a baseball on it or a Bear Mascot with Go Bears wording.


I would ask them specifically. Not all companies have the exact type of copyright set up. They may allow it, they may not.


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## PositiveDave (Dec 1, 2008)

Just because you pay for it doesn't mean that they have the rights to sell it to you... It's a minefield.


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## preachntees (Jun 7, 2008)

Shalisk said:


> Just like on etsy you can find my little pony and transformers stuff that is not authorised for sale and infringing on copyright. They should be taken down but, its there.
> 
> Just because others do it dont meanits right


If it didn't make me so mad, Id have to laugh here...couldn't agree with you more. I did an Etsy search once, found two shirt printers who had 2,000 and 3,000 shirt sales in 2 and 3 months time. I've had less than 1,000 in several years...Looking at their shop, both were taking images off of pop star music videos and selling them that way. Neither were licensed to do so, and Etsy legal dept basically told me until the artists contact them to have the shops remove their images and logos, they can't do anything. Made me mad that trying to be ethical and run a shop with integrity doesn't mean anything to them. As a custom imprinter, I've turned down a LOT of business to stay legal. So I started a team called 'Integrity on Etsy'. Everyone who joins pledges that they will NEVER knowingly infringe on anyone's copyright or trademarks without proper permissions. Would love to have you join!

Avery Smith
Designs Custom Imprinting
Marquette, MI


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## preachntees (Jun 7, 2008)

tshirtinker said:


> No way your fine. Look at Etsy you have 100's of shops selling the exact same design all day long. There is no such thing as an original ideal or thought anymore and its to costly to copyright every design or ideal that you post on the internet. If someone contacts you ask them for their copyright info and serial number or their trademark serial number. I guarantee you when you ask them that you'll never hear from them again and if they do have it all they can do is ask you to take it down. Thats it


I would have to disagree with you on this. There IS still an ethical element to this as well. If you're of the mindset that "well, everyone does it, so I'll do it too" then you are adding to the problem. We have many artists and photographers we work with who's works are orignial and ALWAYS seek a license from them to use their works in our derivative designs if we want to incorporate some of theirs. It is never right to do wrong, so it's best to err on the side of caution. Some of the big brands, such as sports teams, etc., will send legal firms to trade shows specifically looking for vendors using thier clients logo's, trademarks and copyrighted items. This merchandise is confiscated or the vendor is fined or sued. NOT a chance I'm willing to take.


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## Shalisk (Jan 28, 2016)

preachntees said:


> If it didn't make me so mad, Id have to laugh here...couldn't agree with you more. I did an Etsy search once, found two shirt printers who had 2,000 and 3,000 shirt sales in 2 and 3 months time. I've had less than 1,000 in several years...Looking at their shop, both were taking images off of pop star music videos and selling them that way. Neither were licensed to do so, and Etsy legal dept basically told me until the artists contact them to have the shops remove their images and logos, they can't do anything. Made me mad that trying to be ethical and run a shop with integrity doesn't mean anything to them. As a custom imprinter, I've turned down a LOT of business to stay legal. So I started a team called 'Integrity on Etsy'. Everyone who joins pledges that they will NEVER knowingly infringe on anyone's copyright or trademarks without proper permissions. Would love to have you join!
> 
> Avery Smith
> Designs Custom Imprinting
> Marquette, MI



Once I get going, I will happily join your cause. It's a good one to have.


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## Shalisk (Jan 28, 2016)

tshirtinker said:


> No way your fine. Look at Etsy you have 100's of shops selling the exact same design all day long. There is no such thing as an original ideal or thought anymore and its to costly to copyright every design or ideal that you post on the internet. If someone contacts you ask them for their copyright info and serial number or their trademark serial number. I guarantee you when you ask them that you'll never hear from them again and if they do have it all they can do is ask you to take it down. Thats it


2 posts, both of them are "Pro Piracy" good times mate.


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## WalkingZombie (Mar 15, 2014)

JeridHill said:


> I would ask them specifically. Not all companies have the exact type of copyright set up. They may allow it, they may not.


 @InTheLimelight This. ^^^ Exactly.

You should be asking your question to the company/website you plan on purchasing the design from, not here. All you are going to get here are debates on why/how it's right or wrong.


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## mmoguls (Mar 9, 2009)

I never worry about people stealing my designs, I'll just make more.

As far as suing and getting sued, this is not so simple as some posters make it out to be. A lawyer who would take on a case involving rights to a tee shirt design (unless you are in fact Disney), is, at best, an unsuccessful bottom feeder. And to do it pro-bono? You're kidding right? You would have to throw 5 grand at him just to file. So not worth it in the time and money reality of today's world.

The fact is art is not created in a vacuum. All works are derivative, and the influences are seen everywhere, from the time of cave drawings, to impressionists, to ultra modern and beyond. You need to make the work your own, by...well...DOING THE WORK! 

If you buy a design, read the usage. Most art sold online and made to be produced has a limited license, most of the time it's 500 or less. Honor that agreement, and be a capitalist, up to the limits you have signed for.

Even famous artists like.. let's say _Shepard Fairey _copy other art they have seen. They just don't take it, and use it as is, and call it their own. Neither should you.

Hope this helps you, your mileage may vary,

dANNY8bALL


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## ShaggyDog (May 28, 2012)

You can download a file, say from the rhinestone world, change the words, cut the file and make t shirts or whatever until your heart is content. what you can't do is take that file with the new words, call it your own and sell the file as a download. You also can not take the file you downloaded with the change words and sell cut templates of that file. You also can not buy a download file from someplace like the rhinesotne You also can not buy a file from someplace like TRW and send it to someone else to cut it for you. 

Read the t and c from wherever you are buying from. Most have those basics in them.


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