Copywright Question???????

Business By AZCakeGirl Updated 2 Sep 2008 , 1:10am by ritterwoman

AZCakeGirl Posted 31 Aug 2008 , 3:07pm
post #1 of 14

Over the weekend I did a cake for a boy/girl twins 1st B-day party. The mother wanted Precious Moments edible images however of course, I couldn't do them because of copywright issues. Apparently she had some things come up & never returned my calls about finding another design until the day before the party. Below is what we did as a last minute alternative. Although you could never tell what is was made out of, the top is actually made out of paper plates that were purchased at a local party store. The image was on the paper plates so two of them were cut out, placed back to back (so it was two-sided) and glued together with a lollipop stick in between so that it could be inserted into the cake. It actually worked out pretty well & looked cute, but I am wondering if it is still be considered a copywright infringement since we DID buy the paper plates???? I know it is ok to purchase a Precious moments figurine & place it on the cake, but can you purchase things such as we did & alter them with it still being ok? I would really like to have any advice in case this type of thing comes up again in the future.
LL

13 replies
AZCakeGirl Posted 31 Aug 2008 , 3:11pm
post #2 of 14

Here is a close up of the topper........
LL

jillmakescakes Posted 31 Aug 2008 , 4:34pm
post #3 of 14

I am by no means a legal expert on this kind of stuff, but I'd assume that since the plates were not sold with the intention of being resold (Not For Resale), then you are probably breaking the copyright laws. My best advice would be to not post the photo on your website, or use a photo without the topper. There is a company that you can buy items for cakes that are typically copyright charaters. It is the same company that grocery stores use, but you can be more creative in the use of the items. If you'd like the name, just PM me! icon_biggrin.gif

dragonflydreams Posted 31 Aug 2008 , 6:09pm
post #4 of 14

. . . I think you could probably get "around" copyright in this type of cake by selling the cake . . . and gifting the topper (what ever that might be) . . . and let the client finish the cake by putting on the topper you have gifted . . . seems alittle silly, I know . . . but you haven't "sold" them the topper . . . or let the client provide the topper they wish to use . . .

SweetConfectionsChef Posted 1 Sep 2008 , 1:00am
post #5 of 14

You did NOT violate any copyright laws and you wouldn't have by using an edible imagine either. Violating copyright laws goes to recreating a copyright character by means of drawing, painting, molding (fondant, gumpaste, ect) or duplicating in any way.

OhMyGanache Posted 1 Sep 2008 , 1:12am
post #6 of 14

There has been no copyright infringement by using the plates in this manner.

I wouldn't worry.

BCJean Posted 1 Sep 2008 , 1:18am
post #7 of 14
Quote:
Originally Posted by SweetConfectionsChef

You did NOT violate any copyright laws and you wouldn't have by using an edible imagine either. Violating copyright laws goes to recreating a copyright character by means of drawing, painting, molding (fondant, gumpaste, ect) or duplicating in any way.




It is in violation of copyright law to make an edible image of a copyrighted picture. I work in a commercial bakery and when we got our image machine we had to sign a paper that we would never use it for that. They do have discs available to purchase which lets you do copyright designs but you pay for the disc and it comes with a key so you can only make the number of copies which were paid for.

I'm not positive on the paper plate. I know you cannot copy the picture in any way. I would try for a good answer on that one before making it a part of your collection of cakes you have done to sell. I personally would just leave space for the customer to put it on.

SweetConfectionsChef Posted 1 Sep 2008 , 2:38am
post #8 of 14
Quote:
Originally Posted by BCJean

Quote:
Originally Posted by SweetConfectionsChef

You did NOT violate any copyright laws and you wouldn't have by using an edible imagine either. Violating copyright laws goes to recreating a copyright character by means of drawing, painting, molding (fondant, gumpaste, ect) or duplicating in any way.



It is in violation of copyright law to make an edible image of a copyrighted picture. I work in a commercial bakery and when we got our image machine we had to sign a paper that we would never use it for that. They do have discs available to purchase which lets you do copyright designs but you pay for the disc and it comes with a key so you can only make the number of copies which were paid for.

I'm not positive on the paper plate. I know you cannot copy the picture in any way. I would try for a good answer on that one before making it a part of your collection of cakes you have done to sell. I personally would just leave space for the customer to put it on.




Just to clear up any misunderstanding....I wasn't stating she could make an edible image....I was meaning she could buy one. I am completely positive on the paper plate...nothing was duplicated or changed. She just cut around the image to make it appropriate but didn't alter the actual image in any way. I OWNED a commercial bakery until a few months ago and this is something I've dealt with on a daily basis. Once the imagine is purchased you can do with it what you will...except alter or copy it. And just an FYI you can purchase edible images from decopac.com and sometimes Walmart bakery will sell you one. thumbs_up.gif

AZCakeGirl Posted 1 Sep 2008 , 3:34am
post #9 of 14

Thanks for all the input. I actually tried to get an edible image at the local grocery store & they would not duplicate it. Unfortunately the customer did not give me enough notice to be able to order anything online. I didn't charge her anything for the paper plates (I actually got them on clearance for $1.00, so I figured why bother asking for a reimbursement & she had already paid me for the cake anyway) so as far as the resale issue, I think I'm safe. Thanks again for all the input. icon_smile.gif

SugarFrosted Posted 1 Sep 2008 , 3:49am
post #10 of 14

Personally, I think what you did with the plates was quite clever icon_smile.gif
Very cute cake!

SweetConfectionsChef Posted 1 Sep 2008 , 2:15pm
post #11 of 14
Quote:
Originally Posted by AZCakeGirl

Thanks for all the input. I actually tried to get an edible image at the local grocery store & they would not duplicate it. Unfortunately the customer did not give me enough notice to be able to order anything online. I didn't charge her anything for the paper plates (I actually got them on clearance for $1.00, so I figured why bother asking for a reimbursement & she had already paid me for the cake anyway) so as far as the resale issue, I think I'm safe. Thanks again for all the input. icon_smile.gif




Yeah, usually when you go to the grocery and ask to buy an edible image it has to be one they already have. You didn't do anything wrong and your cake just turned out so cute! thumbs_up.gif

AZCakeGirl Posted 1 Sep 2008 , 3:16pm
post #12 of 14

Thank you for the compliments! icon_biggrin.gif

MikeRowesHunny Posted 1 Sep 2008 , 3:40pm
post #13 of 14

You didn't COPY anything! You cut out an original image and stuck it on the cake - what's the difference between that and using a toy/figurine? I shall be doing something similar with a High School Musical cake (using an original paper picture of the cast). I wouldn't worry!

ritterwoman Posted 2 Sep 2008 , 1:10am
post #14 of 14

I heard of a cake decorator that when making the character cakes said she was not paid for the cake, but a donation was made to her for the cake. I don't know if that is one way of getting around it. Also what if they pay in a check made payable to cash? When I got married the 1st time, the seamstress who worked on my dress asked the check be made payable to cash so she wouldn't have the check made to herself, and she didn't have to pay taxes on it.

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