If it is illegal to sell a cake with a copyright picture (i.e., Barbie, Dora, etc.) what do you do when someone wants a cake with that specific character on it? I have done them in the past, but since I have now started a "real" buisness - with a name, advertising, and buisness cards- I don't want to get in trouble for anything.
I don't know the answer to this question, but I've been wondering something similar. A local cake supply store sells those edible images of licensed characters, from $4-6. Would those be legal to put on a cake to sell? Does anyone know? I know it bring up the cost of ingredients significantly, but I was thinking it might be worth it instead of turning someone away because I can't do a character cake. Thanks!
This has been mentioned here before. I don't sell cakes, but I know others on here will make a cake with the colors/theme of the character and the customer provides the character figure/candle and puts it on themselves. That's perfectly legal.
I think the best place to check for that would be Wilton I am sure they could tell you about the legalities of the character pans. I do not see where it would be a problem as long as you are not taking credit for the character itself. But then agian I am no lawyer so be careful.........
You can not sell any character cakes form wilton pans. You also are not allowed to do character cakes unless you buy the characters to put on top of the cake. Buying edible images of characters and using on cakes is ok because you are paying the royalty fee when you buy it.
You can not sell any character cakes form wilton pans. You also are not allowed to do character cakes unless you buy the characters to put on top of the cake. Buying edible images of characters and using on cakes is ok because you are paying the royalty fee when you buy it.
I thought this was still a no no if you are then selling the cake, as the royality fee when you buy it is for the person actually consuming it. That is, you can't "resell it"...
Is this true?
I am also still not clear on nascar...can you use just the number and colors, as along as you dont use like pepsi or whoever the sponser of that car is?
I believe that if you buy a transfer it is still for personal use, not for re-sale. As for Nascar, the numbers and colors do not represent any copywrited materials. If you include any logo (Pepsi etc) you would be using protected materials. You could make up your own sponsors for the car, careful not to copy shapes etc.
I believe that if you buy a transfer it is still for personal use, not for re-sale. As for Nascar, the numbers and colors do not represent any copywrited materials. If you include any logo (Pepsi etc) you would be using protected materials. You could make up your own sponsors for the car, careful not to copy shapes etc.
I am doing a cake with just the Number 8 with red background for Dale Earnhardt JR. I would like to put his signature in there like I have seen..you think that is kosher?
If you are in doubt, don't do it. That's the easiest way to look at it.
No, you can't copyright a number, but the style of the number and colors are representative of Nascar and that driver/team. That makes them a trademark. While not the same thing, still you are using someone else's trademark.
I've gone round and round much to some peoples' chagrin about this issue.
The thread provided is but a small amount of discussion here at CC about this subject. Do a search adn read up every post, you'll see that some poeple are very much for protecting copyright/trademark (myself included), and some just don't care. It's a very sticky subject here.
The bottom line is, if you get caught, it could cost you big time money.
About the NASCAR numbers and stuff. You can use the number because you cannot copyright a number. The catch is you cannot copy the design of the number because the design can be copyrighted. Did that make sense. But then agian I am no lawyer so be careful...........
About the NASCAR numbers and stuff. You can use the number because you cannot copyright a number. The catch is you cannot copy the design of the number because the design can be copyrighted. Did that make sense. But then agian I am no lawyer so be careful...........
Character Cakes from Wilton are CLEARLY marked for home use only, as well as many of the transfer sheets will say trademarked on them. I won't even use picks on my cupcakes of Dora and Scooby Doo. But back to Nascar, i would never do a Nascar Kit and sell it.
I have been look all over for some clear laws on copywrite materials for cakes. Again, all I have seen is what Wilton has set forth. If anyone has anything in writing, I would love to see it..I think we all need to see it to see what protection we have!
You can get great decorations from www.decopac.com and www.bakerycrafts.com but you have to have a tax number. They also expect you to copy their cake design...ugh.
So you are pretty much paying for their design? Do they ask that you give them credit?
Quote by @%username% on %date%
%body%