Copyright. I Know, I Know, Again...
Decorating By tasteebakes Updated 27 Oct 2007 , 6:15am by erinalicia
....no they don't want to share their fortune with everyone who wants to attempt to copy them or crowd in on their fortune.
Exactly. I am very willing to share everything I know .... except my chocolate chip cookie recipe that I painstakingly created myself. sorry, it's my one bit of selfishness that I will retain.
Actually, in the case of Disney, alot of their characters were originally Hans Christian Anderson's characters, if I'm not mistaken. You can use the Little Mermaid, just not Disney's Ariel, Sebastian, etc.
I just got off the phone with Jim Hensen productions. They have apparently sold the muppets to Disney in 2004. She said it is Disney's policy to say No to all requests asking to use their image even for one time use, but that you can recreate it for not for profit use. (which we already knew)
Anyway, I wanted to do a Miss Piggy cake (Muppet Babies)
Oh yeah. I have a Nemo cake I did for free, but I have that cake on my website. So I guess that I am breaking the law by using it on my website?
I am also curious about whether anyone knows anyone who has been sued over this or received a "cease and desist" order.
(and we have all seen the princess dolls in the dollar stores from china that are made up to look like snow white, etc. with the words "princess doll" stamped on it. That syuff is fairly mass produced and it doesn't appear that Disney is going after them)
Here is one example of a bakery that did get a cease and desist
http://www.boingboing.net/2005/06/16/copyright-cops-crack.html
There was also an article in Fortune magazine a while back about copyrights and cake. Sadly, I can't find it on the web anywhere.
This is a good link for a snapshot guide to cakes and copyrights
http://modernbaking.bakery-net.com/article/8666
(and actually, Disney DOES try go after those toy companies but they are based in countries that do not observe the Copyright Act, making it very hard to touch them legally. Needless to say, its because of Disney that they are often only found in dollar stores or shops of ill repute.)
Oh yeah. I have a Nemo cake I did for free, but I have that cake on my website. So I guess that I am breaking the law by using it on my website?
If the website is for promotion of your business then yes, it's illegal.
...
There's so much to copyright laws and protections. I spent three years on the subject in college and I still don't know everything there is to it. It's essential to know for buisness and advertising, yet many people open businesses (not just bakeries) and they don't know a thing about how these laws work.
Sites like CC here are fertile ground for copyright violater headhunters. Granted, showing pics of your character cakes here is not illegal, but if it turns out you sold them or the pics are also being used on your buisness site, then it leaves one vulernable to being sued. In fact, I'm surprised there isnt a sticky about copyright laws and cakes on the Cake Business forum. Next to becoming properly licenced, it's the most imporant rules a cake decorator should know.
I asked this question in another thread and have not heard an answer there or here. Does anyone know someone who has been sued over copyrighted "cakes"? Is there a news story or story on the internet about this happening to anyone? How likely would it be that Nickelodeon, for example, would come sue me for selling a Sponge Bob cake to my next door neighbor or someone from my church? I'm not saying it can't happen. I'm just wondering how likely it is. None of this ever even crossed my mind before. I just make any cake I want and though most of my cakes are freebies, I wonder what to do if someone asks for a character cake. I can see that big outfits like Walmart or bakeries must comply but what about the casual home baker which I think the majority of us here at Cake Central are? Do we even have to worry so much about this? Just pondering
And another question. What about Wilton's cakes? Most of my cakes are exact copies of cakes in the Wilton yearbooks. Is it illegal to sell cakes that were their idea?
There was a thread here on CC not so long ago where this lady (sorry, can't remember member's name), well, she got a letter or e-mail from a law firm asking her to remove a cake from her website, since he had reproduced a copyrighted image, something kids are into now a days, I believe some pet trading cards or something like that... Anyway, long story short, the letter/notice was legit and she removed the image from her website and that was the end of it.
Sorry I really don't remember the members name, will try to find the thread... HTH
>....all the cakes on here are illegal? From spider man to spongebob?...<
Yes IF they were sold. If they are made for a family member it is o.k.
>...can buy character candles and other cake decorations from any aisle from any store....<
Probably not. Many of the pkgs have printed on them....not for resale or words to that effect. Like Wilton's will say for home use only.
>...the head decorator worked there for 12 years, drawing images by hand with buttercream for every cake we used plates and napkins for designs and used our own heads for ideas, we never bought plastic for cakes...if you make elmo's nose a different color, then thats not a copyright, that is flmo, not elmo right?!?! ,<
NO, No, no it is NOT right!!!! Disney is one of the biggest ones that goes after people who try to get away with such doings
The biggest problem w/copyrights is that the owner must police it's use. If they don't it can become 'public property' (don't know the legal term).
"Asprin" once was a brand name. Now it has become 'public property' and is a generic term.
On one episode of Ace Of Cakes, Duff did an Alice and wonderland cake. Isn't Alice and Wonderland copyright since there were drawings in the book and the movie?
The thing is we don't know what goes on behind the scenes and whether he obtained the licensing requirements or not for that cake.
Like on American Idol, I read how the producers will bust their butt to get releases for any song the contestants want to sing. I didn't even know they HAD to get releases to sing a particular song on that show! 
Oh I see. I didn't know it was even possible to get the licensing requirements. From what one person posted, it sounded like Disney will always tell you "no". But maybe if you are Duff you get special exceptions : )
I knew it because they are always like for the first time ever so and so's songs will be sung on American Idol. The really business savvy ones probably hold their songs until the need a PR boost for a new album and then they get air time and all their songs revisited. (Bon Jovi anyone?)
Surely if a customer wants a cake with elmo or whatever you just make it and then put the photo in your portfollio but not on the web. How on earth will anyone know? Imagine how many decorators there are in the US...they can't check them all!
I'm just thankful I'm in Italy where nobody seems to want character cakes.
It's not just popular characters though. I've noticed a recent trend with cake decor is matching the cake to commercially bought plates, napkins, and invitations. This is illegal as well. While it may not be a well known character or design, there is still a copyright to those designs held by the manufactuer of the partyware.
I never thought of that!! Wow! That really limits a decorator to pretty much matching colors only for a cake. That stinks. I'm making a cake for a baby shower in Dec that will have chocolate transfers of the little animals. But I'm not getting paid for it since I'm a co-host of the party!
Is it still illegal if you do a character cake that you didn't sell, put it on your website, but in the description state: "Note: This cake is only meant to be an example of what I am able to do, and was not sold for commissions. If you are interested in ordering a character cake, recreation will depend upon the company of origin's approval."?
tasteebakes- In the case of "Nemo", it's a clown fish. Every kid or parent who's seen that movie will call a clown fish "Nemo", so yes, he's recognizable. Now if you go to the extent of making his right fin smaller than the other one, then yeah, that's doing the copyrighted image.
I think it's getting a bit extreme to be honest. What about all the other licensed cakes made with wilton pans, i.e. carebears, dora, etc.? I haven't purchased a cake in a long time from a bakery, but I remember my mother buying a carebear cake from the local bakery for my birthday when I was younger.
I guess I'm a bit confused. So every single person has to come up with a completely unique idea every time they bake and decorate a cake?
If you sell the cake for cost is that legal? Just wondering? I don't have a business and I haven't sold a single thing. I just like making cakes for my family.
If you sell the cake for cost is that legal?
Selling is selling. There is no rule about whether you make a profit or not (they will just assume you are a lousy business person when it comes to numbers. 
).
If you exchange money for product, you're selling.
I guess I'm a bit confused. So every single person has to come up with a completely unique idea every time they bake and decorate a cake?
Yes. That, to me, is what cake decorating is all about. You can offer them a unique cake which they can only get from you.
I think it is kind of sad that the children today only think in terms of copyrighted things. Their interest in life has become only what television and video games teaches them. Why don't they like animals, construction equipment, dolls, pets, sports, family activities, music, hobbies, ..... all things we could do legally on cakes. I know it is kind of tough when they are buying party supplies where all of the plates, napkins and invitations are copyrighted but you can't do them a cake to match. I usually try to do an awesome scene and they can add a purchased toy to it. For ideas I try to go to all of the children movies as soon as they are released. I decide what is the most amazing scene of the movie and recreate that on a cake. It still has to be generic things though, not something which the film makers created. I usually take a pen and pencil with me to jot down notes (in the dark). If you put enough into your scenes, you will have a wow cake even using a plastic toy as the character on it.
Once you get your mind thinking this way you will find it a lot of fun to meet the challenge.
all i have to say is the whole thing is a pain in the a$$. that's just my personal take on it.
so i guess have the person buy the ingredients themselves and drop it off 
no money exchanging hands.
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