Does Something Like This Violate Disney's Copyright Laws?

Decorating By MistyGirl2008 Updated 16 Feb 2010 , 7:51am by julzs71

MistyGirl2008 Posted 15 Feb 2010 , 4:22pm
post #1 of 16

What's the general consensus on whether a cake like the one below violates Disney's copyright laws? Just curious since I don't sell cakes icon_smile.gif

Thanks all!

http://cakecentral.com/modules.php?name=gallery&file=displayimage&pid=1327856

15 replies
bobwonderbuns Posted 15 Feb 2010 , 4:33pm
post #2 of 16

I doubt it would if she didn't sell it.

Mike1394 Posted 15 Feb 2010 , 4:45pm
post #3 of 16

I would say no, but who the heck am I LOL

Mike

kelleym Posted 15 Feb 2010 , 4:57pm
post #4 of 16

I'm going to bet that the black "mouse ears" silhouettes on the bottom tier are copyrighted.

MistyGirl2008 Posted 15 Feb 2010 , 5:02pm
post #5 of 16

Kelleym - that was my thought too.

jillmakescakes Posted 15 Feb 2010 , 6:00pm
post #6 of 16

yep, those mouse ears are big money!

MikeRowesHunny Posted 15 Feb 2010 , 6:26pm
post #7 of 16

The mouse ears are the Disney logo are they not - therefore, copyrighted?!

costumeczar Posted 15 Feb 2010 , 7:06pm
post #8 of 16

If someone can reasonably look at something and say "That's Mickey Mouse" (or Minnie in this case) then yes, it violates the copyright. The head silhouette on the bottom tier definitely would be a violation.

People will say to change one detail about something and that will be okay, but it isn't.

I could do that cake for my own kids, but I couldn't sell it to someone else.

mommabuda Posted 15 Feb 2010 , 7:18pm
post #9 of 16

So say someone would ask for something like this to be made? You can't ever do a replica of a copyrighted image? Doesn't Ace of Cakes do that kind of stuff? How do you get an "ok" to go ahead with something like that?

costumeczar Posted 15 Feb 2010 , 7:25pm
post #10 of 16

You can contact the copyright holder directly and ask what their policy is. I have agreements with several college and pro sports teams to use their mascots and logos under certain conditions.

Big corporations like Disney (especially Disney, they're pretty hard-core about copyright use) are less likely to let you use their images. You have to pay some hefty licensing fees. I have no doubt that the Food Network legal team has cleared every copyrighted image that Charm City Cakes has done on their show, so that's how they can do them.

costumeczar Posted 15 Feb 2010 , 7:26pm
post #11 of 16

I forgot to add...If anyone calls for a copyrighted image I tell them I can't do it. Someone called last week and asked about a 3-D Wall-E cake, and I told them I couldn't do it because it was copyrighted.

Mike1394 Posted 15 Feb 2010 , 7:33pm
post #12 of 16
Quote:
Originally Posted by mommabuda

So say someone would ask for something like this to be made? You can't ever do a replica of a copyrighted image? Doesn't Ace of Cakes do that kind of stuff? How do you get an "ok" to go ahead with something like that?




What the heck is a replica of a copyrighted image? Is that the same as a copy?

Mike

MistyGirl2008 Posted 15 Feb 2010 , 7:39pm
post #13 of 16

Thanks everyone - you guys pretty much confirmed what I was thinking icon_smile.gif If I do ever start selling cakes, I'll be sure to stay away from something like this.

Love the knowledge in this forum!

mommabuda Posted 16 Feb 2010 , 2:14am
post #14 of 16
Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by mommabuda

So say someone would ask for something like this to be made? You can't ever do a replica of a copyrighted image? Doesn't Ace of Cakes do that kind of stuff? How do you get an "ok" to go ahead with something like that?



What the heck is a replica of a copyrighted image? Is that the same as a copy?

Mike




ummm, yes Mike. I feel like you like to point out my bad useage of words. Sorry I should've said copy.

Mike1394 Posted 16 Feb 2010 , 7:09am
post #15 of 16
Quote:
Originally Posted by mommabuda

Quote:
Originally Posted by Mike1394

Quote:
Originally Posted by mommabuda

So say someone would ask for something like this to be made? You can't ever do a replica of a copyrighted image? Doesn't Ace of Cakes do that kind of stuff? How do you get an "ok" to go ahead with something like that?



What the heck is a replica of a copyrighted image? Is that the same as a copy?

Mike



ummm, yes Mike. I feel like you like to point out my bad useage of words. Sorry I should've said copy.




No I don't LOLOL That's the issue you can't copy, replicate a copyrighted image.

Mike

julzs71 Posted 16 Feb 2010 , 7:51am
post #16 of 16

you can copy images, however you can not sell them. So if it is for personal use it is fine.
That is my understanding.

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