fragglerock1 Posted 23 Apr 2007 , 7:44pm
post #1 of

I deleted this so as not to get anyone's panties in a knot. Sorry if I offended!

25 replies
MichelleM77 Posted 23 Apr 2007 , 8:26pm
post #2 of

I saw her on that Food Network show. Pretty intereting.

I wondered this same thing about a local cookie lady that makes cookie cutters in the shapes of copyrighted images and says so on her website. Someone suggested that she might have gotten persmission. I guess that's possible.

indydebi Posted 23 Apr 2007 , 9:11pm
post #3 of

If they have the licensing, it's ok. We just don't know if he/she has the licensing agreement.

cryssi Posted 23 Apr 2007 , 9:13pm
post #4 of
Quote:
Originally Posted by fragglerock1

Okay so we all know it's illegal to sell cookies with copyrighted images unless it's an edible image,




really? you can do it if it's an edible image?

fragglerock1 Posted 23 Apr 2007 , 9:49pm
post #5 of
Quote:
Originally Posted by cryssi

Quote:
Originally Posted by fragglerock1

Okay so we all know it's illegal to sell cookies with copyrighted images unless it's an edible image,



really? you can do it if it's an edible image?


I thought so, but I could be wrong.

redpanda Posted 23 Apr 2007 , 9:56pm
post #6 of

No, edible images aren't exempt from copyright protection. (Although, it would be easier to eat the evidence. <lol&gticon_wink.gif

RedPanda

heiser73 Posted 23 Apr 2007 , 9:57pm
post #7 of

I've seen a lot of sites that have pics of cakes and cookies that are copyrighted images. Maybe some people don't know that they aren't supposed to, I didn't know until I found out on here. And besides, who really cares...isn't it such a stupid law anyway?!?!?!

lovely Posted 23 Apr 2007 , 9:59pm
post #8 of

I'm new to this but are the cookies considered an edible image? Would that then be ok?

GinaJuarez Posted 23 Apr 2007 , 10:01pm
post #9 of

ON cakepans4less.com, they sell candy molds in the shape of special characters, butcall them something else. For example, they have a Simpsons mold that they call, the simpletons. Mickey mouse is "A Male Mouse" Maybe that's how these people are getting away with it as well?

BrandisBaked Posted 23 Apr 2007 , 10:05pm

I believe that if you ask to use a certain image, you may obtain permission to do so. Perhaps she has obtained permission to recreate these images. That's what I would assume.

I think it's unfair to post something like this here - I certainly wouldn't like it if someone tried to insinuate I was doing something illegal in a public forum. There are libel laws...

lindav76 Posted 23 Apr 2007 , 10:08pm

ditto

fragglerock1 Posted 23 Apr 2007 , 10:19pm

I wasn't trying to get anyone in trouble. I was just curious if there were ways around the law. Sorry if I offended anyone.

heiser73 Posted 23 Apr 2007 , 10:23pm
Quote:
Quote:

I think it's unfair to post something like this here - I certainly wouldn't like it if someone tried to insinuate I was doing something illegal in a public forum.




Yeah totally agree! It isn't anyone's business, and we should be just be happy that she can make cookies that look so amazing!

alibugs Posted 23 Apr 2007 , 10:29pm

oh, you weren't offending anyone. Someone just got their panties in a wade.

grama_j Posted 23 Apr 2007 , 10:40pm

" oh, you weren't offending anyone. Someone just got their panties in a wade."

Seems to be alot of that going around lately....

BrandisBaked Posted 23 Apr 2007 , 10:48pm

My panties certainly aren't in a "wade" (I believe you meant "wad")... However, when you link to a website, the person you are linking to is aware of it... and often checks out why they are being linked. I just wanted to make sure people were aware of that - so they could perhaps phrase posts differently so as to avoid any potential trouble.

Asking how businesses IN GENERAL can recreate copyrighted work is different than linking to one particular person and making an accusatory statement.

I've probably worked in the legal field too long, but when I see someone doing something that could potentially bite them in the butt, I do feel compelled to say something - panties be dam*ed.

alibugs Posted 23 Apr 2007 , 10:54pm

Ok..so your panties aern't in a WAD. They are still in a bunch. Here is a quick hint. If you put your finger on each side of your panties and pull down, they will come out.

schildwaster Posted 23 Apr 2007 , 10:55pm

but where do you draw the line? my golfball says calaway. that is a copyrighted image. Duff made a scrabble board thats copyrighted. I think the biggest copyright problem are kids characters. Why because it is so much more money than a cake here and there. What about Gucci bags? Is there a difference whether you are doing a character image or a product?

heiser73 Posted 23 Apr 2007 , 11:42pm

Schildwaster-I have no idea where to draw the line either. I really hate this law! I don't really follow it too well, as I only bake cakes for people I know or know of, but I've heard that the one that gets people in the most trouble is Mickey Mouse! So if someone you don't know at all wants a mickey mouse cake, be wary!!

Fragglerock-You didn't offend me or anyone else I don't think. I understand what you meant. No hurt feelings! I don't know if there are ways around it, I know sometimes you can buy the rights to these things and use them, but who knows. It is just so stupid. We have way too many things to worry about as Cake decorators, don't ya think?

MichelleM77 Posted 24 Apr 2007 , 1:34am
Quote:
Originally Posted by BrandisBaked

However, when you link to a website, the person you are linking to is aware of it... and often checks out why they are being linked. I just wanted to make sure people were aware of that - so they could perhaps phrase posts differently so as to avoid any potential trouble.




How can I find out if someone has posted a link to my website? I use Google analytics, but don't understand all that much of it.

Thanks!

BrandisBaked Posted 24 Apr 2007 , 1:35am
Quote:
Originally Posted by alibugs

Ok..so your panties aern't in a WAD. They are still in a bunch. Here is a quick hint. If you put your finger on each side of your panties and pull down, they will come out.




Ok, so it's NOT OK to offer a different (less popular) opinion - but it IS OK to be rude to someone who does.

I get it. Thanks. thumbs_up.gif

BrandisBaked Posted 24 Apr 2007 , 1:38am
Quote:
Originally Posted by MichelleM77


How can I find out if someone has posted a link to my website? I use Google analytics, but don't understand all that much of it.

Thanks!




I'm not sure how google works - I used Site Meter, and it tells you the amount of time people spend there, if they found you through a link, their entry and exit pages, etc.

I know most servers will have that info, but they may have it set up differently. I'd check out there help section.

MichelleM77 Posted 24 Apr 2007 , 1:46am

Probably a good idea. I'll have to check out Site Meter as well.

I was wondering because it showed that someone came to my site from another forum, but I couldn't find out where my site was linked. Weird.

Thanks Brandi!

MahalKita Posted 24 Apr 2007 , 3:02am

We have done Dora, Disney, Nick Jr etc... & have put them up on our site but they have so far all been for family & friends. No $ made. We put them on our web site just to show what we can do. Ya'll think that will get us in trouble?

GeminiRJ Posted 24 Apr 2007 , 11:57am

Copyright laws are copyright laws for a reason. We may not like them, but they exist and we have to be aware of them. (I heard that the "Snoopy" people are very tenacious about protecting their copyrights.) I don't think you run a huge risk making the items, but I would never advertise the fact that I made them.

dodibug Posted 24 Apr 2007 , 12:25pm
Quote:
Originally Posted by theCookieMoms

We have done Dora, Disney, Nick Jr etc... & have put them up on our site but they have so far all been for family & friends. No $ made. We put them on our web site just to show what we can do. Ya'll think that will get us in trouble?




When it's for personal use you are fine. If you look on the wilton character pans it says it's not for commercial use or it says for home use only-something like that.

And just changing the name or color of a character won't keep you out of trouble-a red Barney is still a Barney. If it's easily recognized as the character, it's still the character.

For any character or licensed product (Gucci, Coach, etc) you must have a licensing agreement to reproduce their product images and the permission is usually very specific and you pay for the agreement. The exception would be the deco pacs(character cake kits like grocery stores use) you can buy. The cost is built in and the company know their intended use. Companies spend a fortune to develop and market their products/characters. The lic agreements is one way companies protect their brands and how their brand is represented and used. One exception would be when using a product for art. Remember the guy who put Barbie in a blender and different things for his art show.
http://barbieinablender.org/ Different than edible art though unfortunately.

Disney, Sesame Street, Peanuts, Curious George are very stringent about their character use and will come after the "little guy" to stop the use of their product without an agreement. People can get away with things because the corporate eyes can only look so many places at once.

Duff has reached a level in his business where it is going to be easier for him to secure a licensing agreement and it's advantageous to the company to allow him to reproduce their product in cake given the popularity of the show.

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