Am I Able To "copy" A Cake I Saw On The "net?

Decorating By Chris6703 Updated 7 Apr 2010 , 9:43pm by cylstrial

Chris6703 Posted 6 Apr 2010 , 9:13pm
post #1 of 7

I saw an awesome wedding cake that I would love to make my own version of but in print across the bottom it said "copyright by So-and-So"....does that mean it is off-limits to me to bake and decorate my own way? Or off-limits to print and pass around...? I don't get it.....
thanks for your replies......

6 replies
Doug Posted 6 Apr 2010 , 9:24pm
post #2 of 7

the picture is copyrighted and cannot be duplicated (such as putting on your website or including in a book or brochure, etc.)

your interp of it is allowed.

Chris6703 Posted 7 Apr 2010 , 5:51pm
post #3 of 7

thank you---I had a feeling it might be the photo, whew !

KarmaStew Posted 7 Apr 2010 , 6:00pm
post #4 of 7

Didn't I read a thread on here about some gal who claimed to have copyrighted all her cookie designs? Every last one?

Maybe it's just my over-active imagination playing nasty tricks on me again.

bonniebakes Posted 7 Apr 2010 , 6:19pm
post #5 of 7

This is a great question, and actually I just had a long conversation with someone at the copyright office this morning about similar questions.

I encourage you to ask the copyright office (www.copyright.gov) specific questions.

I am certainly no expert, but the way I understand it from my conversation earlier today....put in very, very basics (it's complicated)....any use of any design not created by you could be a copyright violation. If you see a picture of a design and use it to make the same design without permission from the creator, you are violating copyright law. A "grey area" arises because even copyrighted designs are subject to "fair use" (which is a very murky area) and if it is not a copy of the design but a design that inspired you to create your own design (also very murky).

The bottom line is, unless you created it, it is not yours to use unless you get permission first from the person who did create it.

catlharper Posted 7 Apr 2010 , 8:21pm
post #6 of 7

Well, first of all, why would you want an exact copy of someone else's wedding cake? Take what you see and make your own interpretation of it. Create a new design that highlights what you like about the cake online or in a magazine and make it your own. That way you know no one else in the world has YOUR wedding cake but you.

cylstrial Posted 7 Apr 2010 , 9:43pm
post #7 of 7
Quote:
Originally Posted by bonniebakes

This is a great question, and actually I just had a long conversation with someone at the copyright office this morning about similar questions.

I encourage you to ask the copyright office (www.copyright.gov) specific questions.

I am certainly no expert, but the way I understand it from my conversation earlier today....put in very, very basics (it's complicated)....any use of any design not created by you could be a copyright violation. If you see a picture of a design and use it to make the same design without permission from the creator, you are violating copyright law. A "grey area" arises because even copyrighted designs are subject to "fair use" (which is a very murky area) and if it is not a copy of the design but a design that inspired you to create your own design (also very murky).

The bottom line is, unless you created it, it is not yours to use unless you get permission first from the person who did create it.




And really it just gets more complicated from there - because chances are so and so used the idea that so and so used and everyone changed some details but really it's all just similar.

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