What Is The Verdict On Making Licensed Characters From Gp?

Decorating By MrsNancyB1 Updated 25 Feb 2010 , 7:53pm by SallyBratt

MrsNancyB1 Posted 24 Feb 2010 , 7:41pm
post #1 of 9

Can I make Sesame Street characters out of GP for an upcoming birthday cake? I seem to recall that this is a debated topic, but I'm not certain what the verdict is. Is this OK or not? Does it make a difference if the cake is a gift?

TIA!

8 replies
Price Posted 24 Feb 2010 , 7:50pm
post #2 of 9

I am not the legal expert, but from what I have read, it is ok to make the figures for personal use, but unless you have a license from the company to copy their characters, you can not legally make them and sell them.

Price Posted 24 Feb 2010 , 7:51pm
post #3 of 9

BTW, I just took a look at your gallery. You do very nice work! icon_biggrin.gif

TexasSugar Posted 24 Feb 2010 , 7:52pm
post #4 of 9

If the cake is a gift and you are not charging anything then it isn't an issue.

If this is a paid order, then you can't reproduce them in any form, legally.

MrsNancyB1 Posted 24 Feb 2010 , 8:55pm
post #5 of 9
Quote:
Originally Posted by Price

BTW, I just took a look at your gallery. You do very nice work! icon_biggrin.gif




Wow, thank you! icon_smile.gif

Thanks for the replies!!

JanH Posted 24 Feb 2010 , 9:11pm
post #6 of 9
Quote:
Originally Posted by TexasSugar

If the cake is a gift and you are not charging anything then it isn't an issue.

If this is a paid order, then you can't reproduce them in any form, legally.




I'm not sure that is entirely correct.

If the cake is a gift for a relative, it can be considered personal use if you are in attendance.

If you make a free cake of one of Disney's characters for a huge event covered by the media and attended by celebrities - you're going to be in trouble.

HTH

jillmakescakes Posted 24 Feb 2010 , 9:20pm
post #7 of 9

Have you ever read the little blurb at the beginning of movies that talks about copyright infringement.... it says "including infringement without monetary gain" so I'm not 100% sure that the "gift" option is legal either.

malene541 Posted 24 Feb 2010 , 9:31pm
post #8 of 9

My theroy is to buy the toy and set it on the cake but I'm not really good at characters anyways. icon_smile.gif (The child also gets the toy!)

SallyBratt Posted 25 Feb 2010 , 7:53pm
post #9 of 9

I just made a Land Before Time cake for a friend...but she paid me for it. Yeah, I'm sure I'm infringing but I think a lot of people do it. If I had a shop I wouldn't be advertising it and I wouldn't post it on my website. As long as you don't flaunt it I don't think the registered copyright owner is going to start any trouble.

I'm a published illustrator and if someone took one of my characters (say Superdog, for argument's sake) I would personally be flattered and I don't think my publisher would be bothered by it at all. If you had Superdog sitting in your shop window or posted on your website he would likely give you a call and want you to remove it or pay him royalties.

It's a cake. It's going to be eaten and it's not going to be resold or widly distributed. It's not like copying a drawing or a story and selling it as your own.

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