So, when I started doing cakes it never occured to me not to do a licensed charachter. Then I started hearing all of these warnings not to do them because of copywrite problems. So I am just wondering how all of these pictures of copywrited figures could be posted on such a public forum and there not be a total backlash from it. You can't tell me that people are not charging for them. Is everyone just taking thier chances and hoping they dont recieve a cease and desist letter in the mail? Just a question I have been pondering.
I do not charge for them... While I realize there are many bakery owners/liscensed bakers here, there are also a ton of mom's who make these cakes for their kids... As far as taking their chances, I don't think everyone is aware of the copyright law, and yes, I believe that those that are aware are just taking their chances.
I was curious what is considered copying a character. Does it mean drawing them on the cake? Using figures ? What about sculpting them from gumpaste. I guess I understand that taking something and completely copying it ( I worked in a library) is wrong no matter what it is unless you have permission.
this is what I meant when I said unaware of copyright law... you cannot reproduce in *any way*... no drawing, sculpting etc. even if you change something about the character (eye color, color of shirt, whatever)
search on here for copyright law, and you'll find a bunch of informative posts.
Not everyone on this website does cakes as a business. Many people here are mothers that just want to give their kids great birthday cakes and enjoy doing cakes.
Then you have those that don't know or think about or understand the copyright law. I didn't until I first visited a message board years ago. Maybe some of those people posted their cakes before the knew about the laws, does that mean they should delete their work out art?
And on the flip side you have people that say I know about the law, but I probably won't get caught so I'll do it anyway.
As far as them all be posted on here, for sale or not, the pictures belong to the owners, and there is no legal reason why someone can not take a picture of their cake and post it on the internet. I'm guessing the big companies don't have someone searching the internet every minute of every day looking for pictures of copyrighted images. Even if they did how can they prove that I got paid or didn't get paid for the picture of the Scooby Do cake in my photos, which I didn't get paid for by the way. That would be a big waste of their time and resources to figure out who on this message board is a business and sells cakes vs someone that did a free cake for their nephew or child.
Now if you had a business website up, that had cake pictures with copyrighted images then I wouldn't feel so comfortable about not being 'caught'. But then your website would be making it clear that you did cakes for money.
there was another question about this recently , and someone had posted that the wilton cake pans are stamped on the bottom for home use only, or something along that. You can make them for your family just not sell them.
Other than the ones I do for my kids and grandson, I don't charge for them. I don't advertise this but there are times of the year that I am able to do it...If and only if someone requests one and it's during that time, they must make a donation to one of three np organizations (or, if they have one they'd like for me to consider...)...they make out a check directly to the organization... they get a receipt from the org that they can put down on their taxes. I want NO gain from these whatsoever. If, it's during any other time of the year, the customer, not me, is responsible for securing a copyright release. If they don't want to hassle with it, I damn sure don't. Some have taken on the task and those who have have been successful in attaining a one time use release. So, it ain't altogether unimaginable for those that you see on here and on websites to have gotten the company's permission.