Joined: Oct 12, 2005
Posts: 1247
Location: Eagle, Idaho
Posted:
Mon Jul 10, 2006 10:17 pm
I've just read that it's illegal to sell a cake with an image of a copyrighted character.
How then, do so many people get away with Mickey Mouse, etc. on their cakes. A friend just showed me the glorious Ariel cake she got from a local bakery.
What's the deal?
Thanks.
Sarah
JoAnnB Forum SuperStar!
Joined: Jun 09, 2005
Posts: 7426
Location: Salem, Oregon
Posted:
Mon Jul 10, 2006 10:21 pm
Most of the time, they use a transfer sheet. They purchase the image to apply to a cake. You just and reproduce the image or sell the character shaped cakes. The rule is to protect the 'image'. you can buy and use it 'ready made" but you can't create it yourself.
tobycat Forum Fanatic
Joined: Oct 12, 2005
Posts: 1247
Location: Eagle, Idaho
Posted:
Mon Jul 10, 2006 11:09 pm
Then I guess this bakery is in trouble because the Ariels they had on the cake were piped. Hmmmm.
I also read that we can't sell cakes made with character pans. That they're for home use only. Anyone really worried about this??
Sarah
freddyfl Forum Addict
Joined: Jan 21, 2006
Posts: 783
Location: Bremerton, Washington
Birthday: Jun 30
Posted:
Mon Jul 10, 2006 11:20 pm
unless you are advertising cakes with the characters on them I really wouldn't worry about it.
This is a very complicated issue;
Let me tell you how it was explained to me.
A company (let's say Wilton) can sell cake pans with copyrighted charaters (trademarks); they can do so because they have a liscense agreement with the owner of the image (say Disney or Warner Bros). The company pays BIG BUCK$ to the owner for the right to sell the product.
A bakery can legally sell a cake using the same pan, IF the bakery has paid for the right to do so; A bakery can sell an edible image of a copyrighted product, if the process through which they are doing so allows the owner of the image to collect royalities. (ever notice the little R for registered on the bottom of those images?)
You, we, the little guy baking kiddie cakes at home can bake a cake using a copyrighted character, HOWEVER, you may not sell it for commercial gain. The companies (i.e. Wilton) or the bakery can sell it to you FOR PERSONAL HOME use & not for commercial use (this would be considered mis-use (and the owner can no longer control how many times it it used, or collect any royalties).
'Sweet Dreams by Tracy' has a good summary at this url:
This link is to another topic discussing the same thing.
Copyright is a big thing, expecially when you get into characters.
As for being worried about selling character cakes, I won't do it b/c I dont' want to take the chance. There are a lot of people out there that do it, but to me it isnt' worth the thousands of dollars in fines if someone comes back at me. If someone wants a copyrighted character then I will make a cake with the theme, but they can go buy the character (toy from the toy department) and place it on the cake.
As for "getting away" with mickey mouse, etc. There are certain items that the larger corporations Approve to be made. Such as the edible images/cake kits you find at the local bakery. If something is made out of icing (like the piped ariel) then it is considered illegal b/c there is no way for the larger corporation (the owner of the character) to recoup their royalties on the cake.
People say that you can change the color of the clothing or hair, but disney has won cases based on the overall look. They can set up a case based on the similarities. If they can get a certain percentage of people to look at an image and think of one of their characters then they can win a case. Granted this is harder to prove and this is a way some people get around making cakes, they sell it as a Mermaid cake or a Princess cake (blue dress blonde hair, similiar to cinderella)
This is a tricky area of any business and can cost a lot of money if found guilty. So for me, I just steer clear and buy either the cake kits or toys and then no worries-the companies got what they wanted
HTH
Leily
tobycat Forum Fanatic
Joined: Oct 12, 2005
Posts: 1247
Location: Eagle, Idaho
Posted:
Tue Jul 11, 2006 7:35 am
This is a tricky area of any business and can cost a lot of money if found guilty. So for me, I just steer clear and buy either the cake kits or toys and then no worries-the companies got what they wanted
HTH
Leily[/quote]
THanks so much for all the info everyone! I am curious here though. If I buy a kit, then can I sell it to a customer, or am I still only supposed to use it for home use?
Sarah
leily Forum SuperStar!
Joined: Jun 12, 2004
Posts: 5170
Location: Iowa
Posted:
Tue Jul 11, 2006 7:47 am
sonoma9 wrote:
THanks so much for all the info everyone! I am curious here though. If I buy a kit, then can I sell it to a customer, or am I still only supposed to use it for home use?
Sarah
If you buy the kit you can resell it on a cake. That is what the kits are made for, the corporations have licensing argreements to have the kits made, so for every kit sold the corporation gets their money-so then you can resell the cake.
The sketchy area is when you start creating likenesses of their characters without using the licensed items they have approved.
HTH
Leily
tobycat Forum Fanatic
Joined: Oct 12, 2005
Posts: 1247
Location: Eagle, Idaho
Posted:
Tue Jul 11, 2006 8:04 am
leily wrote:
sonoma9 wrote:
THanks so much for all the info everyone! I am curious here though. If I buy a kit, then can I sell it to a customer, or am I still only supposed to use it for home use?
Sarah
If you buy the kit you can resell it on a cake. That is what the kits are made for, the corporations have licensing argreements to have the kits made, so for every kit sold the corporation gets their money-so then you can resell the cake.
The sketchy area is when you start creating likenesses of their characters without using the licensed items they have approved.
HTH
Leily
THanks so much! This really helps! I've never actually used a kit, but I've seen one once. Don't they have images that you put on the cake? Boy, these sure take the skill out of the design, but I guess that's the way it goes. Would really get me to focus on my scrollwork and other elements!
Thanks a bunch! Sarah
leily Forum SuperStar!
Joined: Jun 12, 2004
Posts: 5170
Location: Iowa
Posted:
Tue Jul 11, 2006 8:17 am
sonoma9 wrote:
THanks so much! This really helps! I've never actually used a kit, but I've seen one once. Don't they have images that you put on the cake? Boy, these sure take the skill out of the design, but I guess that's the way it goes. Would really get me to focus on my scrollwork and other elements!
Thanks a bunch! Sarah
They do come with a picture of how they would like the cake decorated. However it is not a seperate image. Well I take that back-in bakeries now they can have the option to print off the background on edible images and just place it on the cake, but this only works for the 1/4" cakes. So all they some places have to do is Print picture, lay edible image on cake, set kits on top, put border on cake. Now who needs skill for that? It is frustrating to see the ease that some places give their employees... guess that is how they can not pay them so much and charge so little for their cakes.
Leily
tobycat Forum Fanatic
Joined: Oct 12, 2005
Posts: 1247
Location: Eagle, Idaho
Posted:
Tue Jul 11, 2006 8:27 am
leily wrote:
sonoma9 wrote:
THanks so much! This really helps! I've never actually used a kit, but I've seen one once. Don't they have images that you put on the cake? Boy, these sure take the skill out of the design, but I guess that's the way it goes. Would really get me to focus on my scrollwork and other elements!
Thanks a bunch! Sarah
They do come with a picture of how they would like the cake decorated. However it is not a seperate image. Well I take that back-in bakeries now they can have the option to print off the background on edible images and just place it on the cake, but this only works for the 1/4" cakes. So all they some places have to do is Print picture, lay edible image on cake, set kits on top, put border on cake. Now who needs skill for that? It is frustrating to see the ease that some places give their employees... guess that is how they can not pay them so much and charge so little for their cakes.
Leily
It's good to hear that they have a picture of how "they would like it to be decorated." That would give a little leeway I suppose. I'm not one for putting plastic thingies and doohickies on my cakes, but then again, I'm not really ready to pay $150,000 in fines either!
Sarah
mittmitt Regular Member
Joined: Jun 10, 2006
Posts: 127
Location: indiana
Birthday: Aug 08
Posted:
Wed Jul 12, 2006 11:22 pm
I emailed Wilton and asked them that same question, and this is what they sent me:
Thank you for visiting our website!
All of the licensed products developed and distributed by Wilton are for
home use only. Consumers may not utilize character molds, pans, etc.
for commercial use. Our license agreements preclude us from authorizing
this type of activity. If you are interested in obtaining a license
from a particular licensor, in order to produce licensed candy or bakery
goods on a commercial basis, you would need to contact the licensor and
discuss with them directly.
Below is a copy of the licensed products guidelines. Let us know if you
have any further questions.
LICENSING GUIDELINES ON PRODUCT USE
All licensed characters shaped cake pans, candy molds, Cake Top!(tm)
Edible Cake Decorations, candles, toppers and cookie cutters are for
consumer home use only. Stores/shops cannot make cakes, cookies or
candies from our licensed products and sell them to consumers. These
"mold making items" are strictly prohibited for any type of commercial
use since the licensor has neither the method to control the quality of
the reproduction of the character nor the ability to earn royalties on
sales of the "made" products. This applies to both baked and craft-type
products.
Free-hand or copies character designs cannot be drawn or iced on top of
a cake, cupcakes or cookies and sold for any type of commercial purpose.
Once again, the licensor cannot control the quality and is not earning a
royalty on product created around their characters.
Licensed pans cannot be rented to consumers by stores since, once again,
the licensor is not earning a royalty from the transaction.
Generally, creating any type of image that looks like a licensed
character that is sold for commercial purposes is prohibited unless
there is specific licensing agreement with the licensor for that product
and royalties are paid each time the product is sold.
They told me this in another e-mail:
Products developed and distributed by Wilton are for home use only, and
the products cannot be sold.
If you are interested in obtaining a license from a particular licensor,
in order to produce licensed candy or bakery goods on a commercial
basis, you would need to contact the licensor and discuss with them
directly.
When they say commercial purposes, they are talking about home selling as well. So my thinking is we are wasting out money buying character pans if we cant make and sell them.
tobycat Forum Fanatic
Joined: Oct 12, 2005
Posts: 1247
Location: Eagle, Idaho
Posted:
Wed Jul 12, 2006 11:42 pm
mittmitt wrote:
When they say commercial purposes, they are talking about home selling as well. So my thinking is we are wasting out money buying character pans if we cant make and sell them.
Boy, you got that right! I have never bought a character pan, and now I know I won't. What's the point? Feeling kinda discouraged here...
Sarah
mittmitt Regular Member
Joined: Jun 10, 2006
Posts: 127
Location: indiana
Birthday: Aug 08
Posted:
Wed Jul 12, 2006 11:44 pm
And when you think about how much they cost per pan.....
I have bought alot of character pans, now I feel as though I've just wasted my money
CakesByEllen Forum Addict
Joined: Mar 24, 2005
Posts: 508
Location: New Jersey - Central, USA
Posted:
Thu Jul 13, 2006 8:36 am
I find most people don't want character pans anyway. They feel like a cake decorated in stars takes no talent. Little do they know!
For the few character cakes I have sold, it has worked out *really* well for me to send the person ordering to store x to pick up some small 2-3" characters for the cake and I will design it around the characters.
Besides, this makes my cakes look more reasonably priced than if I had to add the cost of the plastic characters!
Below is one cake I made where I sent the parent to the Disney store for figurines.
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