Does Something Like This Violate Disney's Copyright Laws?
Decorating By MistyGirl2008 Updated 16 Feb 2010 , 7:51am by julzs71
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 
Thanks all!
http://cakecentral.com/modules.php?name=gallery&file=displayimage&pid=1327856
The mouse ears are the Disney logo are they not - therefore, copyrighted?!
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.
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.
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.
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
Thanks everyone - you guys pretty much confirmed what I was thinking If I do ever start selling cakes, I'll be sure to stay away from something like this.
Love the knowledge in this forum!
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.
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
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