Should I Say Something About Copyright Infringement?

Decorating By tsal Updated 30 Apr 2010 , 12:30am by Kitagrl

tsal Posted 29 Apr 2010 , 5:32pm
post #1 of 23

Hi,

there is a local cake shop that uses Facebook as a means of showing off their amazing work. I noticed that they do fondant figurines of Disney characters and I'm tempted to email them to warn them about the copyright laws, but I'm not sure it's my place really.

What does CC think? If I should, how do I do it so they don't get offended? [/i]

22 replies
KHalstead Posted 29 Apr 2010 , 5:39pm
post #2 of 23

could always send them a message saying.


You're an amazingly talented artist, it's such a shame that your Disney figures can't be sold.......you'd have quite a lucrative business with those! They are awesome!



This is called the "sandwich technique" (I was taught it at my kids' school when teaching there lol......we were told to use this when speaking to parents)

You say something positive, then the negative, and end with something positive.

If you start or end with a negative you'll get a negative reaction. Start and end with something positive about her work and give her the jist that they can't legally be sold......or at least open it up for her to say..............why can't I sell them?? I sell them all the time??

SpecialtyCakesbyKelli Posted 29 Apr 2010 , 5:54pm
post #3 of 23

I think it totally depends on the person... she could take your message as you being nice and trying to warn her of something she may not know... or she could take it all wrong. No matter how you write something or say something, there are some people who will take it wrong no matter what. I would be careful with this one, especially if you are her competition. We all know you have good intentions... but she may not take it that way.

JohnnyCakes1966 Posted 29 Apr 2010 , 6:03pm
post #4 of 23

I knew a baker who made - and maybe still makes - licensed figurines for his cakes, which he sold. That is to say, he sold the CAKE, but made it clear (with a wink) that the figurines were his "gift" for placing the order. Of course, he charged more for the "cake", which his customers paid because they wanted the figurine. I don't know if anyone in "authority" ever questioned him on it, but he believed that reasoning would keep him out of trouble. tapedshut.gif

MalibuBakinBarbie Posted 29 Apr 2010 , 6:19pm
post #5 of 23

It sounds like you have good intentions on their behalf and want them to know of the risk they are taking, which is very nice of you. icon_smile.gif I (personally) would call and speak to the owner directly (no e-mail, no messages left on a machine or with any other staff). Written messages can be misinterpreted very easily, whereas the tone of your voice can do more to clarify your intent. If you feel uncomfortable, mention that it has been a recent topic of discussion among decorators with whom you associate. You can say you were just discussing it and thought it would be nice to advise them to research this as well. Also include what you said about their work being amazing. I don't think they'll take offense to it that way. They'll probably thank you for looking out for their best interests. And, if you develop a good rapport during the conversation and you really do like their work, you can mention that because their sugar art is exceptional that you would be happy to recommend them when applicable. thumbs_up.gif

Kitagrl Posted 29 Apr 2010 , 6:19pm
post #6 of 23

I'm hoping we are all working so hard pleasing our own customers that we don't have time to worry about what somebody else is doing....... icon_rolleyes.gif

I figure if we want to be everybody else's police on copyrights and home licensing and whatever else, we may as well go down to the interstate and start cell phoning people's licenses into the police that go over the speed limit.

Speaking of going over the speed limit...which is just as illegal as baking from home unlicensed or selling copyright cakes...he that is without sin, cast the first stone.... I have enough to do to make sure my family and my four boys and my business are doing the right things much less worry about my neighbor.

(***edited I do apologize because I know the OP didn't mean turn them in, but rather just to warn them...but still...I'm not going to stop every speeding car on the interstate and go "Do you know you are speeding?" instead I will just let them do whatever, and realize eventually they'll get pulled over, if not today, then maybe next week....I'm not trying to be a jerk but I guess I'm tired of every other thread where a newbie asks a question people say "I assume you are LICENSED" and it gets kind of annoying to have to wade through the "license-and-copyright-police" around here. haha. Sorry maybe I'm just in a jerky mood today! No offense intended!***)

JohnnyCakes1966 Posted 29 Apr 2010 , 6:51pm
post #7 of 23

I didn't express my opinion on the OP's question in my previous post, but I agree with Kitagrl. Even though I knew the baker I mentioned was doing something he "shouldn't,"...and HE knew it...I didn't turn him in or challenge him on it.

To the OP: The baker probably knows they aren't allowed to sell licensed cakes/figurines/etc, and if you contact them, I don't see the conversation going well. You will appear to be policing them, and no one likes that. MAYBE they'll think you're trying to help, but I doubt it. More likely, you will be seen as trying to get rid of competition - possibly even as threatening to turn them it - and it will create bad feelings between the 2 of you. I'd stay out of it. Do what you do best and let them do what they do best.

mamawrobin Posted 29 Apr 2010 , 6:57pm
post #8 of 23
Quote:
Originally Posted by Kitagrl

I'm hoping we are all working so hard pleasing our own customers that we don't have time to worry about what somebody else is doing....... icon_rolleyes.gif

I figure if we want to be everybody else's police on copyrights and home licensing and whatever else, we may as well go down to the interstate and start cell phoning people's licenses into the police that go over the speed limit.

Speaking of going over the speed limit...which is just as illegal as baking from home unlicensed or selling copyright cakes...he that is without sin, cast the first stone.... I have enough to do to make sure my family and my four boys and my business are doing the right things much less worry about my neighbor.

(***edited I do apologize because I know the OP didn't mean turn them in, but rather just to warn them...but still...I'm not going to stop every speeding car on the interstate and go "Do you know you are speeding?" instead I will just let them do whatever, and realize eventually they'll get pulled over, if not today, then maybe next week....I'm not trying to be a jerk but I guess I'm tired of every other thread where a newbie asks a question people say "I assume you are LICENSED" and it gets kind of annoying to have to wade through the "license-and-copyright-police" around here. haha. Sorry maybe I'm just in a jerky mood today! No offense intended!***)




thumbs_up.gif Well said.

dalis4joe Posted 29 Apr 2010 , 6:58pm
post #9 of 23
Quote:
Originally Posted by Kitagrl

I'm hoping we are all working so hard pleasing our own customers that we don't have time to worry about what somebody else is doing....... icon_rolleyes.gif

I figure if we want to be everybody else's police on copyrights and home licensing and whatever else, we may as well go down to the interstate and start cell phoning people's licenses into the police that go over the speed limit.

Speaking of going over the speed limit...which is just as illegal as baking from home unlicensed or selling copyright cakes...he that is without sin, cast the first stone.... I have enough to do to make sure my family and my four boys and my business are doing the right things much less worry about my neighbor.

(***edited I do apologize because I know the OP didn't mean turn them in, but rather just to warn them...but still...I'm not going to stop every speeding car on the interstate and go "Do you know you are speeding?" instead I will just let them do whatever, and realize eventually they'll get pulled over, if not today, then maybe next week....I'm not trying to be a jerk but I guess I'm tired of every other thread where a newbie asks a question people say "I assume you are LICENSED" and it gets kind of annoying to have to wade through the "license-and-copyright-police" around here. haha. Sorry maybe I'm just in a jerky mood today! No offense intended!***)




If this was facebook... I'd hit LIKE!

thumbs_up.gifthumbs_up.gifthumbs_up.gifthumbs_up.gif AGREE

liztanner30 Posted 29 Apr 2010 , 7:10pm
post #10 of 23
Quote:
Originally Posted by Kitagrl

I'm hoping we are all working so hard pleasing our own customers that we don't have time to worry about what somebody else is doing....... icon_rolleyes.gif





thumbs_up.gifthumbs_up.gifthumbs_up.gifthumbs_up.gifthumbs_up.gifthumbs_up.gif

kimmyboo925 Posted 29 Apr 2010 , 7:20pm
post #11 of 23

I wouldnt bother... its really its really not going to make a difference in your day is it????

kansaslaura Posted 29 Apr 2010 , 7:35pm
post #12 of 23

To this kind of thing I say--Be sure everything is in order in your own home before you go to straighten anothers. Frankly I tend to MYOB when it comes to things like that because that pesky Karma is out there waiting for payback.

If there is a HUGE problem with a business--filthy dining area, etc. I would probably get on the phone and make a report. Disney characters--not so much.

Kitagrl Posted 29 Apr 2010 , 7:37pm
post #13 of 23
Quote:
Originally Posted by kansaslaura

To this kind of thing I say--Be sure everything is in order in your own home before you go to straighten anothers. Frankly I tend to MYOB when it comes to things like that because that pesky Karma is out there waiting for payback.

If there is a HUGE problem with a business--filthy dining area, etc. I would probably get on the phone and make a report. Disney characters--not so much.




I totally agree that health hazards are totally different from just things that do not and can not personally and physically harm you.

BTW love your siggy cuz I love Erma. thumbs_up.gif

KHalstead Posted 29 Apr 2010 , 7:43pm
post #14 of 23

see, I didn't look at it that way.........there is a local gal here who bakes from her restaurant and has taken cake classes from me too. She had made a cake with a licensed character (she printed it on edible image sheets) and sold the cake.

She showed me the cake and asked what I thought...I told her I thought it looked great (and it did) and then told her, but you can't sell those images on the cakes unless the company authorizes it. She honestly didn't know and thanked me profusely for telling her........she still thanks me from time to time when she reads stories about Disney suing people. She honestly didn't know any better and was grateful that I told her before she got in "hot water" over it!

Kitagrl Posted 29 Apr 2010 , 7:47pm
post #15 of 23
Quote:
Originally Posted by KHalstead

see, I didn't look at it that way.........there is a local gal here who bakes from her restaurant and has taken cake classes from me too. She had made a cake with a licensed character (she printed it on edible image sheets) and sold the cake.

She showed me the cake and asked what I thought...I told her I thought it looked great (and it did) and then told her, but you can't sell those images on the cakes unless the company authorizes it. She honestly didn't know and thanked me profusely for telling her........she still thanks me from time to time when she reads stories about Disney suing people. She honestly didn't know any better and was grateful that I told her before she got in "hot water" over it!




Yeah, but she ASKED you....

KHalstead Posted 29 Apr 2010 , 7:59pm
post #16 of 23

that's true!

newmansmom2004 Posted 29 Apr 2010 , 8:03pm
post #17 of 23

I'd be very careful about calling someone out for something like copyright infringement - even in a nice way. If that person totally takes it the wrong way, he or she could make your life miserable by badmouthing, spreading rumors, etc. and you sure don't want that.

tsal Posted 29 Apr 2010 , 10:42pm
post #18 of 23

So I guess I need to clarify a few things:

1. I am a HOBBY baker. I am not in business, and have no plans to be.

2. I am a FAN of the caker in question. I have sent quite a few orders their way when people ask me to make them a cake but I refuse because I am not in business. I have attended a few parties where this caker's cakes were the star of the show but have never spoken to nor have even seen the person.

3.

Quote:
Quote:

I'm hoping we are all working so hard pleasing our own customers that we don't have time to worry about what somebody else is doing.......

I figure if we want to be everybody else's police on copyrights and home licensing and whatever else, we may as well go down to the interstate and start cell phoning people's licenses into the police that go over the speed limit.

Speaking of going over the speed limit...which is just as illegal as baking from home unlicensed or selling copyright cakes...he that is without sin, cast the first stone.... I have enough to do to make sure my family and my four boys and my business are doing the right things much less worry about my neighbor.

(***edited I do apologize because I know the OP didn't mean turn them in, but rather just to warn them...but still...I'm not going to stop every speeding car on the interstate and go "Do you know you are speeding?" instead I will just let them do whatever, and realize eventually they'll get pulled over, if not today, then maybe next week....I'm not trying to be a jerk but I guess I'm tired of every other thread where a newbie asks a question people say "I assume you are LICENSED" and it gets kind of annoying to have to wade through the "license-and-copyright-police" around here. haha. Sorry maybe I'm just in a jerky mood today! No offense intended!***)



I was rather offended with your statement about working hard pleasing our own customers, etc, seeing as I'm not in business and even if I were, I thought the tone was rather unnecessary. The whole reason I posted on this topic was due to the many many posts from cakers who have no idea about copyright infringement. Sorry for being such an 'annoying newbie'.

And no, it would not make a difference in my day whether this person got caught or not, but motivation was genuine kindness for a cake artist that I admire.

Sagebrush Posted 29 Apr 2010 , 11:12pm
post #19 of 23

I suppose you could say you were thinking about what doing a cake like that would involve, and ask them how much the company with the licensed character charged them for the usage fee, so you could know if it was worth it to do such a cake, and how long it took the company to get the proper paperwork to you so you knew how much lead time you'd need before the event in order to get that taken care of in time.

costumeczar Posted 29 Apr 2010 , 11:33pm
post #20 of 23

tsal didn't say anything about turning anyone in. I'd email them and ask if they realize that Disney is really hard on copyright violations, and since you're a fan of their work you felt like you should warn them. Nothing wrong with that, they can do what they want to with the information.

I've emailed my competition before and told them about typos on their websites. If they want to ignore me and continue spelling things the wrong way that's their problem, but it never hurts to do something to be helpful.

Kitagrl Posted 30 Apr 2010 , 12:19am
post #21 of 23

If you read my post again you'll see I was actually sticking up for "newbies" not putting them down.

I was saying I've been annoyed with the people on the board who have been jumping on newbies for being unlicensed or doing copyright work instead of just being gentle with them and answering their questions as they come.

You'll also see, if you read my post again, I apologized for my tone as well.

mamawrobin Posted 30 Apr 2010 , 12:28am
post #22 of 23
Quote:
Originally Posted by Kitagrl

If you read my post again you'll see I was actually sticking up for "newbies" not putting them down.

I was saying I've been annoyed with the people on the board who have been jumping on newbies for being unlicensed or doing copyright work instead of just being gentle with them and answering their questions as they come.

You'll also see, if you read my post again, I apologized for my tone as well.




I understood your previous post that's why I agreed with you.

Kitagrl Posted 30 Apr 2010 , 12:30am
post #23 of 23
Quote:
Originally Posted by mamawrobin

Quote:
Originally Posted by Kitagrl

If you read my post again you'll see I was actually sticking up for "newbies" not putting them down.

I was saying I've been annoyed with the people on the board who have been jumping on newbies for being unlicensed or doing copyright work instead of just being gentle with them and answering their questions as they come.

You'll also see, if you read my post again, I apologized for my tone as well.



I understood your previous post that's why I agreed with you.




I know...the OP was upset with me because they somehow thought I was dissing them as a newbie.... icon_sad.gif

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