embroidery sewing machines & ownership of copyrighted patterns?

Question

I was looking at embroidery machines, and the retailer said that if I bought a package of embroidery designs, such as princesses, and didn't like it or my child outgrew it, I couldn't legally sell it to someone else under copyright law. This seems completely incorrect to me, but I see from googling the issue that the problem isn't copyright law (yep, I was right!) , but rather that there are now click thru licensing agreements and the like.

Is it really true you can't resell designs you don't want anymore, even if you delete them off your computer? OR is this stuff in the agreement, but the agreement isn't legally binding because Federal courts say that's an illegal agreement that the buyer isn't held to?

I find that completely offensive and I would NEVER purchase an embroidery machine if I don't own the designs just like I own the music on a CD etc. (I am free to sell a CD I don't want anymore or a used book or an original piece of art or paper embroidery pattern). I am one of those people who doesn't pirate stuff. Thx.

Answer 1

Before trusting something on the internet, you might consider contacting the patent/copyright office of the US. If you have already done that, and you want to be absolutely sure, I would then contact an attorney. It is worth the money spent on legal advice vs not really knowing and possibly breaking a law. However, I think CD and books fall in a different category. I'm not an attorney, so really don't know. I'll go to the law library and look it up or contact a paralegal (less expensive than an attorney.)

Answer 2

The person at the store is correct and incorrect. You can't sell copyright designs -but she's wrong when she says that you can't re-sell something your child has outgrown. It's illegal if you are using the designs for clothing that your are making in bulk and selling either retail or wholesale -known in legalese as "commercial purposes". So you can use the design for your own personal use and after your daughter outgrows it you can sell the garment as second hand -but you can't use the design to open a store and sell hundreds of these embroidered things for a profit. In the software license it will state the designs are for something called "fair personal use" and it's not the same as commercial purposes which the agreement specifically states is forbidden. You should be fine. -much the same way a CD is for personal use and not for commercial purposes.

Answer 3

Every brand of machines has it's own rules about selling their copyrighted designs. Some allow it and others don't. Check into other brands.