Hi to all,

New to the site. I have recently parted ways with one of my embroiderys I use. The problem is, he won't turn over the dst files I paid for. What are the rules or laws regarding this. All my other embroiders, I use several depending on what I need and time lines, they all give me the files. I know request them if I have someone else do my digitizing.

hi

Its generally a fine line situation, and attracts varying opinions.

From the perspective of many embroidery companies, it may be that you pay for the service of them digitizing the file for your order, but that doesnt entitle you to ownership of the design.

If you look at it from the point of view of the embroidery co, it would seem understandable that the design goes through revisions, and in some cases it can take some doing to perfect the design/s for production.

Giving the designs away, constitutes a loss to the biz,and an advantage to a competing co. A co that wont give the designs away, views it in this light.

If youre getting your designs from an independent digitizer, its less of a prob as to who you give the file to, to actually embroider your stuff.

Some co's just give the designs to clients, but overall, most are moving to the stance not to, when its from in-house sources. You probably might feel the same way,and understand it if you were not operating from a promo stance.

Whats generally regarded as law is: ( this is the gist of it)

In the absence of a prior agreement, the ownership of the file rests with the digitizer/digitizing house.

Generally, each co tailors its own policies, for its own protection and ongoing business, very much the same as you might have your terms and conditions of business, that may have some part ways with you in sensitive areas of biz....this is not a dig at you..but merely to perhaps assist you to  understand the logic behind what might just seem an irritation to you..for instance: You may take an order,where a client says 'Navy Blue 'is fine..and do that..and then a client could say 'Thats not exactly the navy blue I had in mind...' and reject that order. That would have you fly into a rage..but then, you'd add terms and conditions like : Colors chosen need to be specified by shade chart/number..and then you'd have the general cautions regarding color perception etc.

Overall, I think its a matter of discretion,and general understandings ..Ive seen loads of comments over this issue, but as I mentioned, there are many varying opinions..and I think in general, most is based around everyday work situations.

My email is not 'the law', but my own general opinion.

seeya

I used to sub-contract everything out but I have since purchased my own machine.  All of my contractors have given me the .dst (or native) files for my customers.  A reputable contractor will turn the files over to a distributor.  The only reason they wouldn't give you them would be for them to steal your customer's business from you.  After all, had you not gotten that customer, your contractor would never have had the file digitized.  Keep in mind, even if they "give" them to you, they are certainly keeping the files for themselves as well in case the customer ever goes to them direct or another distributor comes to them with your customer's business.

Consider hiring your own outside digitizer and then you send the files to your contractor.  Of course doing that adds steps to an already painful "new logo" process.

As far as the end customer getting their files, I have a different opinion.  If a distributor pays an outside digitizer, he/she might pass the actual cost through to the customer or more likely bump it up a bit.  No matter what he/she charges, the time/effort it takes to digitize a new logo (chase customer for artwork, send it to the digitizer explaining what is needed, possibly various files for different fabrics, do the sewouts, get customer approval and deal with possible adjustments and more approvals), the distributor does not get really compensated for that work.  Most of what the customer pays is merely reimbursing the digitizing cost.  The amount it is bumped up compared to the required effort equates to about $5/hr.  Distributors accept this because of the current & possible future business.  The .dst files are one of your biggest assets, as valuable as your customer list.  The cost of getting their logo digitized again at a new distributor/embroiderer is the main reason some of your customers keep coming back to you.

Of course there are a few customers to whom I would gladly hand over the files and wish them the best of luck in the future.