A Graphic D-Sign - anything with your design on it

When submitting any artwork to A Graphic D-Sign, you represent that you are the rightful owner or have received permission to use all artwork and photographs submitted to us for use in your designs...this includes all 3rd Party logos and artwork. A Graphic D-Sign is not responsible for and will not be held liable for copyright infringements or lawsuits pertaining to the use of a copyrighted logo in which you submitted.

We work in a vector format environment for the vast majority of our projects. Our machines follow these precise mathematical lines to cut, trace, slice, engrave, route, and otherwise construct our products. We can work with files created in vector drawing programs, usually without any cleanup or additional art charges. These programs include: Corel, Freehand, Adobe Illustrator and the like. Any vector program should be able to export an '.eps' (Encapsulated Post Script) file. Just please make sure all fonts used and outlines are converted to curves/outlines before saving file. We work in native CorelDraw files for output, so that is our preferred program, but others will do as long as they are saved in the .eps format. This avoid a corrupted digital file transfer, please send us either a hard copy printout or a jpg image of what the final output of your artwork should look like, if possible.

Raster formats such as GIF, BMP, TIFF, AND JPEG require a 'cleaning up' on our part to put these multi-colored pieces of art into a vector format. Depending on resolution, size, and color depth of bitmapped raster file sent to us, we may have to add several hours of clean up to get your art in reproducible condition, which would incur additional art charges billed at $65 per hour.

We prefer to have files sent to us in digital format, already cleaned up and ready to be reproduced "as is." We might be able to work from flat art as well. Camera ready slicks are preferred, but we can work with just about anything. Just keep in mind that we can only do so much, if we get bad (ragged) artwork we will clean it up as best we can. It is a good idea to send us the highest resolution artwork that you can.

If sending flat artwork, do not send originals! We will make every attempt to return any art you send to us, but we will not be held responsible for such return.

Sending files through traditional mail or delivery service:
Send artwork to the following address. Please include a brief note with your name, company information as well as contact information.

Vector = (artwork or an image made up of lines & curves, plus outlines) Vector files retain the best quality for design and reproduction, and are preferred. They can be resized to just about any size at all and will remain at the highest quality resolution. Please be sure to convert all outlines to curves before sending, otherwise an additional fee may apply for us to manually edit your art. Also, remember to either convert all text to curves or outlines, or include the Font in the email or on a cd. If you are not using a standard font we have in our computers, we may not be able to edit your artwork if necessary or if you need to make a change; therefore, it is always best to convert it to curves or include the font used. fyi: You cannot convert an image or picture (such as bmp, jpg, tif or gif) into a vector image. It will not recognize the lines, curves and outlines our computers and programs need to see in order to do our job and cut out your image). Normally, if there ever was vector artwork, it would be originally created as a vector image and from there it can be converted into an image or picture file. Depending upon which item you order, we may still have the option of using an image or picture file to create your product with a full color digital print. For all items we cannot use an image/picture on, you may choose to process your product in a full color digital format, or you would need to provide Vector artwork, or we would can trace it or re-create it into a vector - in which there is an additional art charge of $65/hour to do so. We will work with you in order to get your logo correct and looking as good as possible. Please contact us or send us your artwork if you have any questions as to whether we can use your artwork or not.

Please contact us if your format is not listed. Note: Files produced in word processing programs such as Word, PowerPoint and Word Perfect are NOT acceptable for imprinting. They may, however, be used for layout reference or a hard copy. Contact us for other options.

Art for TWO-COLOR AND THREE-COLOR IMPRINTS should also be vector based. Note: Photoshop files (which are raster files) and all Image/Picture files (tif, gif, jpg and bmp) are not color separated artwork, and will be read as full color (4-color) process, which could cost you more to print if not color.

Other formats accepted as image files, raster files, and "PICTURE" files used in full color imprinting (four color process) are:

All images and picture files are preferred to be created at 600 dpi; however we will accept 300 dpi. Please keep in mind that the lower the resolution, the worse the pixels of color or blurriness may show up when printing; and the same thing may happen when resizing an image to more than double the original size of the file submitted. Please convert all colors to CMYK prior to submitting. Because of the color conversion process between computers, we cannot guarantee the output color will exactly match your file. Please let us know if you need special attention to a color and we will do our best to ensure the color comes out as close as possible. Otherwise, you have the option to go with a PMS color matching system, which will be an extra charge (usually around $75 per color).

Please contact us if your format is not listed. Note: Files produced in word processing programs such as Word, PowerPoint and Word Perfect are NOT acceptable for imprinting. They may however be used for layout reference. Contact us for options.

Camera ready art submissions are also acceptable for certain processes, but will possibly incur scanning/digitizing charges. Note: Faxes, photocopies, letterheads, Yellow Page ads and business cards are not considered camera-ready art and will produce unacceptable art reproduction. We need clean, sharp black and white artwork (slick), usually this may be printed from a laser printer. Artwork should be color separated for multi-color imprints. If camera ready art cannot be supplied, or none of the above formats can be supplied, our art department is available to prepare any copy of logo or artwork and submit a proof sheet of the reproduction for a charge of $65.00/hour for one color, $95.00/hour for 2-color artwork and
$135.00/hour for 3-color artwork and full color artwork.

COMPRESSION: It is ALWAYS best to compress a file when emailing to
prevent it from becoming corrupted through the transfer. Larger files (over 2MB+) usually require compression for email transfer, otherwise, it may take your computer a long time to upload and send the file, as well as for us to download it and view it in our computer. WinZip or other self-extracting files are acceptable and usually keep file sizes to a minimum and keep the files from becoming corrupt in the transfer.

* NO UNOFFICIAL MERCHANDISE E.g., using names or images of musicians, bands, sports teams, athletes etc. without permission, even for fan club purposes.
* NO CONTENT DOWNLOADED FROM INTERNET
* NO NAMES/LOGOS OF COMPANIES OR ORGANIZATIONS E.g., NeoPets, Lakers, Dr. Pepper, Tommy Hilfiger, etc.
* NO TRADEMARKED TAGLINES E.g., Just Do It, The Ultimate Driving Machine, Got Milk?, Let's Get Ready To Rumble, etc.
* NO IMAGES OR LIKENESS OF FAMOUS PEOPLE E.g., photos of Pamela Anderson, Britney Spears, Brad Pitt, Michael Jordan, Homer Simpson, etc.
* NO MANIPULATED CONTENT E.g., using a company's logo as a basis of your design
* NO PHOTOS OR IMAGES OF KNOWN COPYRIGHTS E.g., Mickey Mouse, Dragonball Z, Godzilla, Barbie, etc.
* NO SEXUALLY EXPLICIT CONTENT
* NO COPYING OF PREVIOUSLY PUBLISHED MATERIAL E.g., books, magazines, publications, etc.
* NO COMPILATION OR "MIX" CDS USING THE CONTENT OF OTHER ARTISTS

These guidelines were written to help you better understand Intellectual Property laws as they relate to your use of content through AGraphicD-Sign.com. The information contained on this page is for informative purposes only and should not be construed as legal advice. For specific advice regarding your use of content through AGraphicD-Sign.com, please consult an attorney.

Copyright
Trademark
Right of Publicity
Right of Privacy
Examples of Prohibited Content
Frequently Asked Questions
Additional Information
Sources for Information
Report Copyright/Trademark Infringement

What is a Copyright?
A copyright protects original work of authorship such as a picture, drawing, graphics, software program, written work, sculpture, song, or photograph. Copyright law prevents you from copying another's copyrighted work for any purpose; making things based on the copyrighted work; distributing copies of the copyrighted work; publicly performing the copyrighted work; displaying the copyrighted work; and in the case of sound recordings, transmitting the recording over the internet or in another media. In a nutshell, copyright law protects the expression of one's idea.

How long does copyright protection last?
The term of a copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For works first published prior to 1978, the term will vary depending on several factors. In general works created before 1922 are in the public domain. However, if a change has been made to a work taken from the public domain, the new work may be copyrightable and protected. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (Title 17 of the United States Code).

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Trademark

What is a Trademark?
A trademark is a word, name, symbol or other device that identifies the goods or services of a given person or company and distinguishes them from the goods or services of other persons or companies. Trademark law prevents you from using another's trademark (such as the name of a musical group or artist) on your merchandise, because such use will cause consumers to believe that the trademark owner has made, approved of, or endorsed your merchandise. In short, a trademark is someone's name/brand. For example, Budweiser® is a registered trademark.

What is a Service Mark?
Any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify and distinguish their services from those manufactured or sold by others and to indicate the source of the services. For instance, "Just Do It" is a Service Mark of Nike.

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What can be trademarked?
Word(s), word(s) plus design, trade dress, packaging, sound, slogans, smell, service mark, geographic marks, collective marks, certification marks, and family marks.

What is Trade Dress?
Trade dress can function as a trademark and is used to identify the goods of a party in the marketplace. For instance, trade dress can be the shape of a Coca Cola bottle, the yellow color of Kodak film, and the shape of a classic Ferrari.

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What are Trademark rights?
An owner of a trademark/service mark has the right to use that trademark/service mark and to prevent others from benefiting from the trademark/service mark's good reputation and recognition in the marketplace.

What is the difference between a Trademark and a Registered Trademark?
The ® symbol represents that a trademark is actually registered with the U.S. Patent and Trademark Office. The ® symbol may only be used in association with a trademark that is registered with the U.S. Patent and Trademark Office. If the trademark/service mark is followed by a TM or SM symbol the goods/services provider is using the mark as a trademark, although the mark may not be registered with the U.S. Patent and Trademark Office.

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Right of Publicity

What is Right of Publicity?
The Right of Publicity makes it unlawful to use another's identity for commercial advantage without permission. A person's "identity" includes, for example, his look, voice, name, nickname, professional name, and other distinctive characteristics. For example, the Right of Publicity prohibits you using the picture of a celebrity without authorization on your merchandise.

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Right of Privacy

What is Right of Privacy?
Generally, the right of privacy protects the intrusion into one's private affairs, disclosure of one's embarrassing private facts, and publicly placing one in a false light in the public eye.

Examples of Prohibited Content

In accordance with intellectual property laws, AGraphicD-Sign.com has certain rules regarding the types of merchandise that you can make and sell through its service. For example:

NO UNOFFICIAL MERCHANDISE
NO use of names, logos, pictures or other intellectual property of musical groups or musical artists. For example, you cannot make Britney Spears merchandise simply because you run a fan-based Britney Spears website or just because you downloaded her image from an internet website. You also cannot modify the name or other intellectual property of a musical group and avoid infringement, (e.g., using Metalika instead of Metallica).
NO use of names, logos, pictures, or other intellectual property of sports teams, colleges/universities, clubs, or organizations such as the Los Angeles Lakers, Harvard University, or The Boy Scouts. Again, modifications may not avoid infringement.
NO photos, logos, caricatures, or other artwork depicting celebrities, such as Michael Jackson or Madonna, or other third parties. Just because you take a photograph of a celebrity does not give you the right to use that photograph on merchandise, even if you digitally manipulate the photograph.
NO use of trademarks, names, or logos of companies. For example, you cannot use the name of a company such as Nike, a company logo such as the Nike "swoosh" trademark, or brand name such as Coca Cola, or a modified version of a trademark, (e.g., "Just Did It").
NO pictures or photographs of products (such as toys). Even if you own a product, trademark laws may still prohibit you from selling merchandise that features pictures of it. For example, you cannot take a picture of your Barbie and sell merchandise with that picture.

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Frequently Asked Questions

If it does not have a copyright notice, it is ok to use.
USUALLY NOT. Almost all works are protected by copyright, even if they do not have a copyright notice. Therefore, you should assume that you need to obtain permission to use any material that you did not create.

If I do/do not mark up the selling price of the products for resale, it will not be an infringement.
FALSE. Even if a product is not marked up from its base price, that sale can still be considered an infringement, even if you are buying the product for yourself. Even if you post an image in your store and make no sales or earn no profits, you can still be held liable for the use of the image.

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It's on the internet, so it is ok to use it.
FALSE. Simply because an image is found on the internet does not mean that it is in the public domain. Unless the author of the work has explicitly stated that his work is "public domain" or that the copyright has expired because the work is very old, then you must assume it is not. Further, a person who posts an image on the internet and claims that you are free to use it may not have had the right to post the image in the first place. Thus, your use of the image may violate the rights of the actual copyright owner.

It is Fair Use.
USUALLY NOT. Fair use of a work for the purposes of merchandise sale is treated very differently than for informative purposes or for commentary. In general, a claim of fair use of a work when it is used on merchandise may not hold up in court, especially if the merchandise is sold for profit.

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I took the photo, so I can use it however I want.
FALSE. Simply taking a photo of a person, company, brand, logo or the like does not afford you the right to make or sell merchandise featuring that photograph. There are two distinct intellectual property rights in a photograph: (1) the rights in the photograph itself and (2) the rights in the subject of the picture, such as the product or person shown in it. For example, if you take a photo of a celebrity, you only own the rights to the photo, but not the right to use the photo of a celebrity for merchandise sale. In order to sell merchandise with the image, you will need to obtain explicit permission from the celebrity.

I based my artwork on the artwork of a third party, so that is ok.
FALSE. Works that are derived from a previous work of another violate the rights of the owner of the previous work. Therefore, if you are creating an image that is based on the work of someone else, you need to obtain permission from the original creator prior to your use of your work. For example, Weird Al Yankovic obtains permission from Michael Jackson prior to recording a song based on one of Michael Jackson's songs.

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It's parody, so it is ok.
MAYBE. Parody is one form of fair use (please see "What is Fair Use"). Parody may qualify as fair use only if it draws upon the original composition to make humorous or ironic commentary about that same composition. Whether something falls within the Fair Use parody exception depends on whether the parody reasonably could be perceived as commenting on the original or criticizing it, to some degree. Generally parody, like Fair Use, is a difficult and murky concept, even for experts, and you should consult with an attorney before using copyrighted or trademark material in connection with the AGraphicD-Sign.com service.

I am using Clip Art, so it is ok.
USUALLY NOT. Most clip art, photo collections, or graphic programs contain a license agreement. The license agreement sets forth the specific uses for the clip art. In most instances the license does not grant you the right to use the clip art for the sale of merchandise. You should consult the license agreement and your attorney to determine whether you can use the clip art images on AGraphicD-Sign.com.

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The First Amendment protects my freedom of speech, so I can use whatever images I want.
FALSE. Freedom of speech is a constitutional protection that guarantees that the government will not oppress your right to self-expression. It does not give you the right to use intellectual property of another to sell or distribute merchandise.

Can I use images of a celebrity since you allow images of famous political figures?
NO. There is an exception to the Right of Publicity for political figures, which does not extend to celebrities.

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Additional Information

For additional information on Questionable Material and Prohibited Content, please contact us or visit our Questionable Material & Prohibited Content Guidelines. For additional information and FAQ's on Music and Electronic Media, please contact us or visit our Music & Electronic Media Intellectual Property Guidelines. For additional information and FAQ's on Publishing, please contact us or visit our Publishing Intellectual Property Guidelines.

Sources for Information

For additional information on Copyrights, please visit the United States Copyright Office Library of Congress at http://www.copyright.gov. For additional information on Trademarks, please visit the United States Patent and Trademark Office at http://www.uspto.gov. For general questions about Intellectual Property Rights (copyrights/trademarks), please visit the Nolo Law Center at http://www.nolo.com. You can find the federal laws regarding Copyright (U.S.C. Title 17) and Trademark (U.S.C. Title 15) at http://www.access.gpo.gov/uscode/uscmain.html.

Intellectual Property Rights Policy

We encourage intellectual property rights owners to contact us if they believe that their rights have been infringed by a user of our service. We also encourage our users to contact us if they suspect that another user is infringing the rights of a third party. Please visit our Intellectual Property Rights Policy for information regarding the procedure to notify us of a potential infringement by a user of our service.

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Deposits & Payments: Once you agree for us to proceed with charging your credit card for the deposit or for the order, you do have the option of cancelling as long as production has not already begun on your custom order. If a cancellation is requested and we have not begun production, we may refund your money LESS the percentage charged to us from the merchant account for billing your order. Visa's & Mastercard are approximately 3% of the total charged and Discover and AmEx are approximately 3.25% of the total charged. Because all orders with us are custom, special orders, once production has begun, we cannot refund your money.

Cuts, Screens, Dies and Set-up Charges: Depending upon the production
method, the item and the price structure, charges for set-up may apply. Files generally are maintained for a maximum of 24 months. Reorders placed after the 24 month period may require a new set-up charge.

Colors, Imprint: Standard imprint colors vary from item to item and manufacturer to manufacturer. If a specific PMS color match is required, contact us for pricing. Otherwise, when placing an order, if you request a standard color imprint, you accept the output color from each individual manufacturer.

Future Deliveries: Generally, we can accommodate orders calling for delivery at some future date. However, due to the production volume we process, we request that you follow up on your order to make sure it is going according to the future planned delivery date.

Production Time: Production times for in-house, stocked items are generally 5 to 15 working days after artwork proof approval, depending on the products. Allow 3-5 days for ground shipping/delivery after production time. Promotional products and other items, such as: ADA signs, Custom Floor Mats, and Custom Flag Banners may take up to 3 weeks production; however, please inquire into production times of each specific product (plus add the 3-5 days for ground shipping/delivery).

Proofs: Paper proofs of the proposed imprint copy can be provided on each
item upon request. Add $15.00 per paper proof. Product proofs may be available on certain items if you prepay the setup charges to produce the order.

Over/Under Run: For promotional products, there is a 10% over or under run policy in effect.

Samples: Random imprinted samples are available on many products either at no charge or on some samples at 50% of the smallest quantity list price shown. Sample purchases must be prepaid. All samples shipped prepaid by ground freight unless otherwise specified.

Special "Event" Dated Orders: Do not "assume" that a specific date can be met if the item ordered is for a special event and would be worthless if delivered after that date. Each case the delivery date must be specifically authorized. Once authorization has been pre-approved, be prepared to expedite your order and information to A Graphic D-Sign by overnight delivery if necessary. If A Graphic D-Sign needs to overnight information to you, it will be included in the total price for your order.

Halftones or "Screens": are rarely suitable for imprint as a "one-color" order and may be associated with an upcharge.

Phone Orders

We're always happy to accept your call and your order; however, we regret that we cannot be responsible for errors on phone orders. Try to plan ahead and order by email, fax or US Mail so all the details of your order will be written and spelled out properly, along with any sample drawings or printouts of your idea included for accuracy. We will accept your phone order; however, as standard policy, we would ask you to
sign a Layout Proof Approval form to insure that you have carefully reviewed our layout and there are no inaccuracies before production.

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All third party logos and trademarks contained on this page and web site are registered to their respective owners and do not necessarily constitute an endorsement on their part.

Your questions and orders are our main concern. Your privacy is our second. When we begin accepting credit cards, we will use a totally secure server that will encrypt your credit card and other private information. We keep your shipping and billing information private and secure. Our only goal is to print for you period. We do not sell or use your personal information in any manner other than to create, print and ship your items. We save all artwork for several years. But after a period of time (approximately a year), all other information is wiped clean from our files, if for no other reason than for space limitations. Our business involves personal printed items and of course billing/shipping addresses and related information is necessary. We need this in order to conduct business, but we in no way share the information with anyone. All of your private information stays with us. AGraphicD-Sign.com does not and will never share information. We despise spam and work to eradicate it daily.

We are also against email harvesting and the practice that some sites use to collect data for marketing reasons. This is an invasion of privacy and we are against this. We are only here to provide you with the best printing and promotional items at the best prices we can offer. Period.

We have no dealings with any marketing companies and although we do occasionally call you or email you if we deem it necessary or if the items you normally order are on special and we can save you some money.

We want you to feel secure dealing with us. We are printers. Nothing more.
Your private information is secure with us. We promise.

The following Privacy Statement describes the guidelines A Graphic D-Sign uses to protect the information you provide during visits to www.agraphicd-sign.com. By visiting our website or emailing us, you accept the practices described in the Guidelines and this Privacy Statement.

Design Copyright