Legal Question

Business By robinscakes Updated 15 May 2008 , 12:47pm by indydebi

robinscakes Posted 12 May 2008 , 1:33pm
post #1 of 12

I have a question about licensed characters duplicated on cakes. I know that if I make a sheet cake and I freehand a Cinderella on the cake, and I actually call it Cinderella, that I've broken a licensing law if I make money on it without Disney's permission. How about if I buy a Cinderella cookie cutter from the Disney store (don't know if one of these exists, it's just a "for example"). Can I make Cinderella cookies and sell them? Can I call them Cinderella cookies, or do I have to call them princess cookies?

Thanks for your help.

11 replies
mcelromi1 Posted 12 May 2008 , 2:06pm
post #2 of 12

Even if you were to use a Cinderella cookie cutter (if one exists) it would most likely have on the pacaking somewhere "not for commercial use", or something to that effect.
If you copy the Cinderella design in any way/shape or form and accept any money it's infringment on their design/creation.
And you definitly cannot call them Cinderella cookies.
If you're doing it for one of your children or a family member, fine.
But never do it for an outside customer, it's not worth the risk.

KrisD13 Posted 12 May 2008 , 2:10pm
post #3 of 12

From everything I've read recently here, if somebody looks at your cookies and says"Cinderella" you would be in trouble. The licenced cutters etc that you can buy are only for home baking/ gifts ONLY.

Sorry to be the bearer of bad news. icon_sad.gif

I just wouldn't want to see anyone get in trouble over this.

SweetConfectionsChef Posted 12 May 2008 , 2:31pm
post #4 of 12

This has been discussed many times on the boards...you can not legally reproduce a licensed character in any way shape or form for money. thumbs_up.gif

mcelromi1 Posted 12 May 2008 , 2:43pm
post #5 of 12
Quote:
Originally Posted by SweetConfectionsChef

This has been discussed many times on the boards...you can not legally reproduce a licensed character in any way shape or form for money. thumbs_up.gif






Simple and to the point thumbs_up.gif No room for confusion thumbs_up.gif
This should be the answer to all questions regarding infringment.
Then you wouldn't need 10 pages to answer a simple question.

chassidyg Posted 14 May 2008 , 9:59pm
post #6 of 12

Out of curiousity, has anyone on here ever looked into the cost of the licensing in order to sell a charector?

SweetConfectionsChef Posted 14 May 2008 , 11:54pm
post #7 of 12

I have no idea how much it costs to get the permission but I know even Walmart can't make it happen. I did find this on what can happen if you are caught infringing on a copyright:

WHAT IS THE PENALTY FOR COPYRIGHT INFRINGEMENT?
The owner of a registered copyright can enforce his rights by bringing a civil lawsuit in Federal District Court. In addition, the Federal government itself can act. Criminal actions can be brought by the U.S. Attorney; and Customs and Postal officials may seize and impound infringing articles that are being imported. Recovery of attorneys' fees is possible if the suit is successful. The penalties for infringement can be substantial. In civil actions brought by the copyright owner, the court may order forfeiture and/or destruction not only of all infringing articles, but also of any implements used to manufacture the infringing articles. The court may even order seizure and impoundment of such articles prior to trial, and in some cases, without prior notice to the alleged infringer. In addition to obtaining an order stopping the infringement and ordering destruction of infringing articles, the court can order payment of any provable damages, including lost profits. The copyright owner can elect to receive "statutory damages". The minimum amount of statutory damages that can be awarded for copyright infringement is $750; and the maximum is $30,000. If the infringement was willful, the potential statutory damage award is increased to $150,000 for each act of infringement. In addition, attorneys' fees may be awarded. In addition to civil penalties, copyright infringers can be prosecuted under the federal criminal laws. All willful copyright infringement is a criminal offense. The lowest penalty is conviction of a federal misdemeanor, with a prison sentence of up to one year and a fine of up to $5000. More serious penalties are levied against infringers who make multiple copies of a work, or who copy expensive works. It is a felony, punishable by up to five years in prison and a fine of up to $250,000 to willfully infringe copyrights of others by making, during a 180-day period, ten or more copies of a work which have a cumulative value of $2500 or more. Second and subsequent offenses carry a prison term of up to ten years in addition to the fine. Companies which willfully infringe can be assessed up to $500,000 in fines.

indydebi Posted 15 May 2008 , 12:08am
post #8 of 12

SweetConfections, can you share the source of the above? I want to print this out and keep a copy and would like to cite the source where it comes from, if I can. Thanks!
(edited a typo)

chassidyg Posted 15 May 2008 , 12:55am
post #9 of 12

ouchy!! I think I'll stick with the deco paks then...........

What about those cute little charecter cupcake pics that some of the cake supply websites sell, do you think those are okay to be sold?

littlecake Posted 15 May 2008 , 2:08am
post #10 of 12

you know whats weird tho....when i worked at albertsons we made cookie monster character cakes...they called him cookie eater...looked just like cookie monster blue and everything...

it was even the the "cake book" they had....wonder why no one ever caught up with them?....and it's not like albertsons was a small chain....

not tryin to get anything started....i was just wondering.

SweetConfectionsChef Posted 15 May 2008 , 12:18pm
post #11 of 12
Quote:
Originally Posted by littlecake

you know whats weird tho....when i worked at albertsons we made cookie monster character cakes...they called him cookie eater...looked just like cookie monster blue and everything...

it was even the the "cake book" they had....wonder why no one ever caught up with them?....and it's not like albertsons was a small chain....

not tryin to get anything started....i was just wondering.




Isn't it amazing how many can slip through the cracks??? Then all of a sudden the "little person" gets caught....leave it to our country to ruin someone trying to make a living and letting the person(s) making millions slide! thumbsdown.gif

Indydebi, I googled copyright infringement and that was one of the first articles that came up...I'll see if I can find it again!

indydebi Posted 15 May 2008 , 12:47pm
post #12 of 12
Quote:
Originally Posted by SweetConfectionsChef

Isn't it amazing how many can slip through the cracks??? Then all of a sudden the "little person" gets caught....




It's a crap shoot on everything. When I was working out of my home ( icon_rolleyes.gif ), I had a website up for a couple of years. But a friend of mine also in the food industry had her website up for just a month when the HD came knocking on her door....they found her via her website.

Yes, I DO believe in guardian angels!!

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