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ang_ty95
Frequent Member
Joined: Mar 14, 2006
Posts: 204
Location: Toronto, Ontario - Canada
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 Posted:
Sun Feb 04, 2007 1:28 pm |
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I recently found out that I cannot make licensed cake characters to sell and if I get caught that I could be fined $300,000 - is this true? I did however, find out that licensed cakes can be made as a gift. Lately all my clients are requesting licensed characters and I enjoy making them for the skill. Is it at least okay to charge for the cost of the cake and supplies?
I'm hoping one day to have a website but was warned DO NOT post any licensed character cake pictures or I will be severely fined.
Also I do have a business license for my business of decorating cakes - would cakes of this type be covered here?
If anyone could share any information or send links with information pertaining to this subject it would be greatly appreciated.
Thank you in advance. |
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Birdlady
Frequent Member
Joined: Jul 06, 2005
Posts: 242
Birthday: Dec 12
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Sun Feb 04, 2007 1:33 pm |
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Hi
I have heard this too. Apparently it is true. However, wilton makes the darn pans, so what do they expect us to do with them. The bakery that I used to work for does them all the time, I have been doing them for the past 3 years. So, I don't know how closely or how strongly it is enforced. The way I see it, if you can't make and sell them, then why is the pan made and sold?
Good Luck
Dawn |
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ang_ty95
Frequent Member
Joined: Mar 14, 2006
Posts: 204
Location: Toronto, Ontario - Canada
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Sun Feb 04, 2007 1:41 pm |
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Hi Birdlady, my source told me those Wilton pans are made for "mommies" to make homemade cakes for their little ones thus "not for resale". I was actually one of those mommies as i started with Elmo then that's how this whole cake thing transpired from me. Everyone attending my parties always wanted cakes and licensee ones too!!! Now I started making 3D ones and was told I could be in big trouble. I don't know what to do - cakes are really my passion but at least i could probably make them and sell at cost not making any profit. |
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mthiberge
Forum Addict
Joined: Aug 08, 2006
Posts: 763
Location: Alberta, CANADA
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Sun Feb 04, 2007 1:41 pm |
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It's true, I have heard of cases where people have been fined. The character pans are made and sold with the intesions of HOME USE ONLY. It IS elligal to sell them to anyone privately or out of a bakery. The Wilton pans that are not trademarked however (like animal crackers, the fire truck, train, little hero etc etc...) CAN be sold without the very expensive consiquenses (however you spell that..) |
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Tuggy
Frequent Member
Joined: Dec 21, 2004
Posts: 360
Location: Hamburg/Germany
Birthday: May 14
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Sun Feb 04, 2007 1:43 pm |
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baker4life
Frequent Member
Joined: Mar 04, 2005
Posts: 249
Location: Illinois
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Sun Feb 04, 2007 1:45 pm |
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My understanding is in order to sell the character cakes, you need to purchase the rights to them. The pans Wilton sells are supposed to strickly be for household use only.
There are alot copyright issues involved in selling these kinds of cakes.
Here's another topic I found:
http://forum.cakecentral.com/c.....nsing.html
HTH  |
Last edited by baker4life on Sun Feb 04, 2007 1:46 pm; edited 1 time in total |
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mthiberge
Forum Addict
Joined: Aug 08, 2006
Posts: 763
Location: Alberta, CANADA
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Sun Feb 04, 2007 1:45 pm |
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I guess it's easier to explain it like this....
You can buy a disney movie...say CARS. It's intended for household use for your children (just like the lighning mcqueen pan that wilton makes...) If you go and build a theater and start selling tickets, (or building a bakery and selling lightning mcqueen cakes...) then the copy infringement people will be after you for illegal distribution yadda yadda yadda.....make sense?? |
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mthiberge
Forum Addict
Joined: Aug 08, 2006
Posts: 763
Location: Alberta, CANADA
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Sun Feb 04, 2007 1:48 pm |
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| ang_ty95 wrote: | | Hi Birdlady, my source told me those Wilton pans are made for "mommies" to make homemade cakes for their little ones thus "not for resale". I was actually one of those mommies as i started with Elmo then that's how this whole cake thing transpired from me. Everyone attending my parties always wanted cakes and licensee ones too!!! Now I started making 3D ones and was told I could be in big trouble. I don't know what to do - cakes are really my passion but at least i could probably make them and sell at cost not making any profit. |
You can't sell them for cost...not even one dollar LEGALLY. The question is, are the character cake police ever going to turn up on your doorstep?? I seriously doubt it...but theoretically they could |
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Birdlady
Frequent Member
Joined: Jul 06, 2005
Posts: 242
Birthday: Dec 12
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Sun Feb 04, 2007 1:54 pm |
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HI
That is what I was feeling, can they fine you? DEFINATELY! Will they, probably not, I think that they would more likely fine a bakery that sells a lot. But who knows, strange things happen. |
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Tuggy
Frequent Member
Joined: Dec 21, 2004
Posts: 360
Location: Hamburg/Germany
Birthday: May 14
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Sun Feb 04, 2007 1:54 pm |
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| mthiberge wrote: | I guess it's easier to explain it like this....
You can buy a disney movie...say CARS. It's intended for household use for your children (just like the lighning mcqueen pan that wilton makes...) If you go and build a theater and start selling tickets, (or building a bakery and selling lightning mcqueen cakes...) then the copy infringement people will be after you for illegal distribution yadda yadda yadda.....make sense?? |
Great explanation! Never heard it in such an easy way! |
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ang_ty95
Frequent Member
Joined: Mar 14, 2006
Posts: 204
Location: Toronto, Ontario - Canada
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Sun Feb 04, 2007 1:59 pm |
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Is there somewhere that rights may be purchased to sell these cakes? but depending on cost of course. I guess I'll just have to take caution about which cake pictures I post on my future website. All I know is that everytime i go to this particular supplier, I get questioned about the cake I'm making and if it's for sale. I politely end up it's just a quick cake for work and squirm my way out of the conversation saying I'm in a hurry and can't chat. |
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mthiberge
Forum Addict
Joined: Aug 08, 2006
Posts: 763
Location: Alberta, CANADA
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Sun Feb 04, 2007 2:07 pm |
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You can always just tell them it's a cake for your own kids...(they REALLY like to eat cake...) or a cake for a niece or nephew...you enjoy the practice right???...or there's always the "please mind your own freaking business, do I pry into your business??"
As far as I can remember being told, purchasing the rights to character cakes is very expensive...maybe there's some info on the Disney site???? |
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cupcakequeen
Frequent Member
Joined: Feb 25, 2005
Posts: 325
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Sun Feb 04, 2007 9:14 pm |
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I'd like to know where, other than on the pan that it says this. I tell customers all the time and they don't understand. I've been looking for a legal disclaimer but have not found one. People around here sell those cakes and it really ticks me off, because I follow rules and they do not. |
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playingwithsugar
Forum SuperStar!
Joined: Aug 31, 2005
Posts: 6309
Location: To All of You and your families, near and far.
Birthday: Nov 20
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Sun Feb 04, 2007 9:27 pm |
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Actually, the character cake police have already nabbed a few people. Disney apparently takes selling character cakes very seriously, and have threatened to sue over people selling cakes baked with their character pans.
A friend of mine in another forum was approached by wording she uses on her website to describe a certain technique she offers. Apparently the phrase "edible image" is trademarked, copywritten, whatever. They asked her to remove the phrase from her website. I do not remember which company it was that asked her to do this, nor do I recall her telling us how they found out.
Theresa  |
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tastycake
Junior Member
Joined: Feb 04, 2006
Posts: 59
Location: Iowa
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Tue Feb 06, 2007 6:11 am |
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My uncle is a lawyer in a rather large firm in Cincinnatti (sp?). He checked with the partner who is in charge of copywrite stuff for me. It is illegal for us to sell (exchange any money) a cake that has a copywrited image of any sort on it.
Now you can get around this by putting a small plastic figurine of the character (elmo, cars, etc.) on the cake that has been purchased and paid for already (because then the people who own the copywrite get a royalty from it), versus actually drawing the character on the cake.
Mostly, in my opinion, this boils down to a personal moral issue. Each of us individually has to determine if we are comfortable with intentional law breaking and comfortable involving others (our customers) in law breaking. I would say that 90% of my customers have been very accepting of the fact that I do not do the character cakes, once I've explained that it is an illegal practice. The other 10% have gone elsewhere, and that's okay with me. I may loose a bit of buisness from it, but I don't live my life fearing "getting caught" and I feel like I'm running a positive buisness.
Good luck making your own decisions! |
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