To Copyright Or Not To Copyright?

Business By sweetlady29 Updated 23 Oct 2008 , 3:22am by sweetlady29

sweetlady29 Posted 22 Oct 2008 , 11:23pm
post #1 of 7

What do the majority of decorators do when it comes to popular cakes that they don't have rights to? Copyrighting any picture is highly illegal. I have a dilemma. I have orders for Minnesota vikings cakes. What do I do? icon_cry.gif

6 replies
CakeForte Posted 22 Oct 2008 , 11:31pm
post #2 of 7

You mean copying a copyrighted picture is illegal. There are ways around that. Basically you just use elements and similar colors to create a viking cake, but nothing that is actually owned by the Minnesota Vikings.

Mike1394 Posted 23 Oct 2008 , 12:57am
post #3 of 7
Quote:
Originally Posted by CakeForte

You mean copying a copyrighted picture is illegal. There are ways around that. Basically you just use elements and similar colors to create a viking cake, but nothing that is actually owned by the Minnesota Vikings.




The logo, the little yellow feminine thing on thier helmet LOLOL are all owned by NFL properties. Yes if you make one, and sell it there is a copyright law being broken.

How do you get around it? call the NFL, and ask if you can use it, and pay a royalty.

Mike

CakeForte Posted 23 Oct 2008 , 1:26am
post #4 of 7

Actually no, that is not what I am saying. A purple and yellow cake with footballs and generic viking details, with some creativity could be made with no reference to the NFL team.

Examples, In one of Debbie Brown's books she has a "Wizard Owl" cake with books and and owl wearing a wizard cap. Now everyone that is a Harry Potter fan knows that is direct a reference to Harry Potter.

http://www.debbiebrownscakes.co.uk/magical_cakes/pages/emerald%20city_jpg_jpg.htm

As is her Emerald City cake which is a reference to The Wizard of Oz with some variations.

http://www.debbiebrownscakes.co.uk/magical_cakes/pages/emerald%20city_jpg_jpg.htm

Both of those cakes are references to materials that are copyrighted, but do not infringe on the owners rights.

sweetlady29 Posted 23 Oct 2008 , 2:47am
post #5 of 7

So that goes for character cakes. What about any picture I find on the internet. Lets say... I don't know how to make a dolphin and I make one out of BC to look just like the picture that I find on the net. Does this copyright just go for Disney, Hanna Barbara etc.?
I was thinking how about Webkinz if I look at my kids stuffed animal? And copy that and make it out of BC is that infringement too?
This makes it really hard for me to have any inspiration if I feel like I can't use any pictures of any kind. Every idea has come from someone else, but I would never copy someone elses work and not give them credit for it.
I have a client that wants me to make her
daughter a Hannah Montana Cake. I can't look at a "Hannah" Design and copy that? I feel like my business is going to go nowhere if I can't get ideas from other sources.

indydebi Posted 23 Oct 2008 , 3:17am
post #6 of 7

This topic can get confusing and sometimes heated, but anytime we have to deal with legalese, I think all of us are confused! icon_confused.gif

Use caution when doing the "change it just enough so it's not the same" thing. My neighbor works for Jim Davis, creator of Garfield. she and I were talking recently and I asked about "the rumor" I'd heard that Mr. Davis was pretty adament about his copyrighted character. She confirmed that he was VERY protective of it.

SHe shared that Mr. Davis "went after" one person who made Garfield in blue ..... I said, "Because that person thought if he changed it "just enough" that it wouldn't be a copyright violation?"

She began vigorously nodding her head and saying, "Yep! That's exactly what he thought. And he found out different."

So I just urge caution .... please don't go by what we call the Kitchen Table Legal Team says (the folks sitting around the kitchen table with their coffee cups clanging and giving each other expert advice on things they know nothing about). Err on the side of caution, please.

sweetlady29 Posted 23 Oct 2008 , 3:22am
post #7 of 7

Thanks Indydebi

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