A. If a brain surgeon opens your cranium and takes a peek inside your brain, does he see ideas and intelligence? Just because he only sees a brain can he determine the content? And if he cannot measure any content does that mean you are mindless? No.

When you purchase a package of stock designs, you are getting more than a disk, some paper and a plastic bag. Artists are employed to create the original artwork. Digitizers use high-end computers and expensive software to create and edit the designs to perfection. Machine operators repeatedly test the designs. Sample-makers construct projects to inspire you. Administrative staff enter pertinent information into a database for color sequences and special instructions for packaging and the web site. An artist scans all the sew-outs to create packaging graphics and images for the web site. The sample is photographed and packaging is created by an artist and proofed by the proofreader. The web developer creates the necessary HTML for the new design, formats all the graphics for the web, and updates the web site. The artist creates catalog pages and advertising. The printing company converts the digital files from the artist into physical packaging. A knowledgeable person must convert the master formats and recolor the designs for all the home formats. A programmer then takes those files and writes the installer code. Labels are printed and disks are mastered and duplicated. The administrative staff answer the phone, solve end-user problems, enter orders into the system, assemble packages, and ship the product.

Companies that produce and sell stock designs must cover not only these development costs, but overhead as well (rent, utilities, taxes, payroll, promotion and advertising, training, etc). All the company's income is derived from the sales of these disk packs. From the flicker of an idea to having a new package ready to ship to the first customer can easily exceed $25,000 in expenses.

A. Briefly, the law says, "It is illegal to make or distribute copies of copyrighted material without
authorization," including software. Penalties are fines up to $50,000 and jail terms up to five years.

The law is very specific concerning copyright violations. Since copyright laws are federal laws, the
copyright owner - the plaintiff - will bring the suit in a federal court in its state of residence.

The infringer, or defendant, will have to defend the suit in that court. As you can imagine, the costs to
defend a suit of this nature out of state can quickly exceed $50,000. Under copyright law, title17 of
the U.S. Code, criminal action is also available to the copyright owner under title 18 of the U.S. Code.
The criminal aspect of the law can result in seizure of the equipment and imprisonment. Under
statutory copyright laws, on the civil damages aspect, a defendant who is found guilty can be fined
between $500 and $20,000 per violation. The violations can be compounded when you make a copy
of a copyrighted design as you are then liable for any copies made from that illegal copy that you have
put in another's hand. There are additional penalties for printouts or sew-outs of illegally duplicated
designs. As you can easily see, violating copyright laws makes so sense economically; it is far less
expensive to purchase a legal copy.

A. You may embroider the designs and sell as many of the sewn product as you wish. You may not sell,
trade, share, rent, or otherwise distribute the original or modified versions of any design.

An exception to this statement is the use of licensed designs such as Sesame Street™ or Precious
Moments™. If such a license applies, it will be stated on the outside of the packaging. Sewing and
selling these designs can result in stiff penalties.

A. When you buy a disk, all you truly own is the physical diskette itself, not what is on it. The designs are licensed for you to use in specific ways; the copyright holder owns the content. A label on the envelope containing the diskettes states that if you do not agree with the license, you should not open the envelope. By opening the envelope you acknowledge the licensing agreement and are therefore subject to the copyright laws, which protect the designs. When you share designs you are typically not loaning the disk to another person, you are giving them a copy of the disk - in other
words, you have become a bootleg manufacturer.

When you loan your car to another, as long as they are using the car you cannot; you are not
duplicating the car so that you each have one.

A. Many software companies offer special user-group programs, which may include the right to copy the software for archival purposes.

In any case, it is the responsibility of user groups to encourage their members to observe copyright laws, and software companies rely on them to do so. The same copyright responsibilities apply to schools and professional training organizations.

A. Well, unfortunately "soft lifting" is common in some corporations. Employees make extra copies of their business software to take home, or copies are made for additional computers within the office. But corporations, too, are bound by copyright laws, just like everyone else. The rule to follow is one software package for every computer.

Companies as well as individuals may have their equipment confiscated, be required to pay hefty
penalties, plus spend time in prison. Why ruin your life?

A. Most people don't purposely break the law - they would never consider, for instance, stealing money out of someone's pocket. However, when you share software, you essentially are stealing money out of the developer's pocket. Unfortunately, when it comes to copyright violations, ignorance is no defense. If you're part of an organization, see what you can do to initiate a policy statement that everyonerespects. And as an individual, you can spread the word that sharing is stealing.

This information is published by the Embroidery Software Protection Coalition (ESPC), which is a non-profit group of embroidery software and design manufacturers whose purpose is to defend the integrity and quality of embroidery products by promoting copyright compliance. For more information about joining the ESPC or about copyright laws, visit our website at www.embroideryprotection.org or call toll free at 888-921-5732.