I had a request for a Peanut's themed cake with Woodstock as the topper. I told the customer that I couldn't make Woodstock b/c he was a licensed character, but she could find a Woodstock toy and purchase it to put on top of the cake. The plan was a round layer decorated like grass with a carved snoopy dog house on top of it, and then she could put Woodstock on the top of it- but now I'm wondering- can I even make the dog house? I'm not sure if it falls under the copyright laws as a no no, or not? Help please!

re dog house --

if it looks like the one in the cartoon -- nope, that would be copyrighted image too. that dog house is famous and recognizable -- iconic in fact.

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now of course, one could try to contact the people who manage the rights and see if they'd let you do it.

Ah, Doug. Thank you. I was pretty sure that'd be the case, but dangit it sucks! It's just a red house! ;D

All you have to do is change one thing on the figure and you are ok. It just can't be the exact item in the picture. Add a monogram or a window to the back of the dog house. Just let the lady know that you will have to alter something. Maybe give her free reign on what she would like to add.

Snoopy's dog house has clapboard that runs horizontally; you could make one that has a window and has T11 on it that runs vertically. Then it is a dog house or a play house and what she does with it is up to her.

I can see that with the mickey mouse thing, because his character wears different outfits. But the house, I dunno. Its not a character, its part of the scenery. So if I put a tree on my cake that looks like one from "Peanuts" then is that copyright infringement?

^^ That's why I thought this was tricky! Customer's changed her mind anyway! She couldn't find a Woodstock topper to purchase, so now we're onto a patriotic themed cake. Hah- HUGE difference, but at least I can freely do just about whatever I want with a patriotic cake!

Those that have copyrights pay dearly to protect their images, I seriously doubt that if you change little things they would just go oh well, that's not what I drew.

"But Judge, really it isn't Snoopy's house, see it has a window." "Oh well the little yellow bird, yeah that's Woodstock, but it isn't Snoopy's house."

And just because someone else has done it does not make it legal, it doesn't change the laws and if you get fined, I seriously doubt so and so did it, or looked I changed something on it, will change their minds that you illegally reproduced a copyrighted character for sell.

The simplest solution might be for you to just call/email Peanuts to see about recreating the dog house. The absolute worst they can do is tell you no and then you have a correct answer. Maybe they say no...but you could do this or maybe they say yes.

Doesn't hurts to ask

With Woodstock on it I could see the copyright problem. IF it were a random red doghouse with a sculpted random dog in front of it, say a shaggy mutt with no references to peanuts at all there is no way anyone could say copyright infringement. A red dog house is just a red dog house. When you make it 100% exactly like snoopy's and/or add snoopy elements to it that's different.

Of course this is just my opinion on the matter. I don't have any expertise with it.

I'm glad they changed their mind. Keeps you out of trouble for sure!

I could be wrong, but I believe copyright laws may indeed cover "likenesses". However, I would do as some others have suggested and contact Peanuts explaining what you hope to do. If they give you the okay, be sure to get the full name and title/department of the person you spoke to in case you need it for future reference. Best of luck to you! Sounds like an adorable cake!

ok...here is a BRIEF summary of DERIVATIVE WORKS -- the part of copyright law that applies.

http://www.legalzoom.com/intellectual-property-rights/copyrights/what-are-derivative-works-under

nope -- making minor changes does not CYA!

it has to be a "new" work.

and nope -- no hard clearly defined guidelines

and note the comment that making a sculpture (which in our case would be the cake) from a drawing (the cartoon) IS a derivative work and therefore fully protected by copyright!

so that settles it.

the answer when asked to turn ANY kind of existing copyrighted work into a cake is:

N O !


Unless that is you get specific written permission from the original copyright owner (and may have to pay a fee)


and to those who would claim "fair use" still

N O !

fair use applies only for educational use in a teaching setting, criticism (think movie/play/book reviewers), news reporting, and parody --- which although Cake Wrecks reminds us is alive an "dying" on some cakes is NOT the intended purpose of a cake.


(oh and little side not -- NOPE -- can't copyright a cake. The design of it "maybe" but not the cake as it's a utilitarian object)

So, in reality, every other cake posted here is a copywrite infringement? Hello Kitty? Star Wars? I just saw one that had the Budweiser label that was re-written to say 'Dadweiser'

I totally understand both sides. I understand wanting to protect something you've created but then again, in this case, it's a dog house . . . a very common item. How does this pertain to team logos? School logos? Do they follow the same rules?

From what I have read, if every cake posted on here was sold, then it would be a copyright infringement. If the dog house is recognizable as Snoopy's dog house, then it is copyright infringement. One can create thier own dog house. This is always interesting to me because there are many companies that go through great lengths to protect thier images, but some those images were copied from someone else to begin with.

It is a copyright infringement of that cake was sold, money or other services exchanged hands and so on.

You can do anything for your family or friends as long as you don't charge, that is when it becomes an issue. I have several cakes in my photos that would have fallen under that if I had sold them, but they were free cakes.

Now you can ask for permission to use the image. You can always contact the team or school you want to use the logo from, and ask if you can. Some times they allow it for a one time deal, sometimes they may tell you to use it as many times as we you want.

People like Disney are the ones that aren't going to allow it unless you want to pay for the rights to use it.

Simple test ---

do you profit from the creation in ANY way.

any way = $ or exchange of goods (they supply ingredients, they give any material object such as a bottle of perfume or a new lawn chair or a nice necklace or....) or exchange of services (they pass out your business card, mow your lawn, babysit your child/pet, style your hair, repair something for you, etc.).

If there is any way to show you received ANY tangible benefit -- then you profited.

Only INtangible benefits are allowed -- pride, joy, happiness, hoo-rah!, satisfaction, warm fuzzy glow, HA BEAT DOWN! MY CAKES DA BOMB!

A copyright is for that specific image, colors etc. If you alter the image it is no longer that item being copyrighted. Like someone else posted change the direction of the wood on the doghouse add something that's not normally in the image.

For instance how many copy cats of Barney have you seen. We had a purple dinosaur that looked like barney that sang happy birthday but had pointed teeth and a different voice to alter his image.

So, in reality I could NEVER make a red dog house for a cake?

My grandma's basement had Hanna Barbera characters painted on the walls. I loved them. They were magical. I swear they moved and spoke to me. I don't know who painted them but they were really good.

Poor Yogi was bootleg.

I'm glad I didn't know that then.

I completely agree with Doug.

I also think if I ever needed to do a copyrighted character, I would have to hire a lawyer first to CYA. That would be one very expensive cake!