bakincakin Posted 4 Jul 2010 , 9:22pm
post #1 of

Does anyone know who did a cookie with a mosquito and another one of a campfire. I had them saved to my favorites and now can't find the picture. I've searched every possible way I can think of and still can't find it. Any help would be appreciated!

Thanks
Karen

28 replies
TracyLH Posted 4 Jul 2010 , 10:39pm
post #2 of

Those may have been mine. I can help narrow it down if this sounds familiar. I did two camping sets in August of 2008 and had them posted here - one with mosquitoes, bug spray, tent and a compass and the other with a fire, "Camp Site #1" camp sign, tent and a tree. I don't know if those were the ones you were looking for, but they are gone as I removed my photos from public viewing on the internet. I don't know if it helps, but you might try clipart for inspiration. I am not sure if this comes across as trying to be helpful, but that is my intention.

SugarFrosted Posted 4 Jul 2010 , 10:51pm
post #3 of

I found this one with mosquitoes on cookies: http://cakecentral.com/modules.php?name=gallery&file=displayimage&pid=1651311

And this one with a campfire cookies: http://cakecentral.com/modules.php?name=gallery&file=displayimage&pid=1505655

I hope this helps, even a little icon_smile.gif

Marianna46 Posted 4 Jul 2010 , 10:55pm
post #4 of

Those mosquitoes are really cute, aren't they?

TracyLH Posted 4 Jul 2010 , 11:17pm
post #5 of

Oh, I feel foolish. icon_redface.gif They probably weren't even my designs. icon_redface.gif I was just trying to help narrow down if so, but there appear to be lots of very cute ones out there. Love those mosquitoes too! Super cute! thumbs_up.gif

frankdiabetes Posted 5 Jul 2010 , 2:53am
post #6 of

This set has both a campfire and mosquitoes. Is this the one?

http://cakecentral.com/modules.php?name=gallery&file=displayimage&pid=1428349

No need to feel foolish, Tracy, it looks like these were inspired by you!

TracyLH Posted 5 Jul 2010 , 10:35am
post #7 of
Quote:
Quote:

No need to feel foolish, Tracy, it looks like these were inspired by you!




Thank you for showing that to me, Frank. They were not "inspired by me". They are complete and direct copies of my original design work which is part of my portfolio and the designs are copyrighted. They are dead-on copies. I did not authorize, nor do I at all, for my work to be copied. Examples like this is exactly why I removed my work from public viewing on the internet. I am not trying to sound bad, but I spend an incredible amount of time sketching and re-sketching my designs and do not authorize for my original work to be copied. These are part of my business portfolio. Good grief! They aren't even derivative works, as my copyright attorney calls it, but direct copies. I could save myself a lot of time too if I went around helping myself to others' original designs. Sorry to be so upset, but I really work hard on my designs and am just infuriated. Not even one change and permission was certainly never granted.

TracyLH Posted 5 Jul 2010 , 10:53am
post #8 of

Bakincakin - If these designs are the ones you were looking for, they do not belong to this individual as they are direct copies of my work. I created them and they are copyrighted. My anger at this situation is most certainly not directed at you at all in any way and I do not wish it to appear to be so. What this individual did has nothing to do with you. icon_smile.gif If these even were the ones you were looking for, please contact me if you wish to play off of them to come up with your own designs inspired by them. If someone asks first and they have distinct changes so that they do not look like mine, I am completely fine with providing what would be the true definition of 'inspiration'. It is the direct unauthorized copying of my designs that is not permitted and this is exactly what has occurred. Heavens, we all derive inspiration from things we see in everyday life. Just yesterday I just found a bumblebee that had met its demise and noticed a particular pattern on his stripes that I wish to play with for a future cookie. Inspiration is all around us. I am more than happy to provide inspiration in the true sense of the word. It is the direct copying or versions that look too close to mine that is not permitted.

frankdiabetes Posted 5 Jul 2010 , 7:52pm
post #9 of

Edit: I'm editing my post because I think this is a can of worms I don't want to open.

bakincakin Posted 6 Jul 2010 , 8:00pm

No worries Tracy....I completely understand.

TracyLH Posted 6 Jul 2010 , 8:08pm

Thank you, Karen for writing that and for your kind and supportive message. It was very sincerely appreciated.

dguerrant Posted 8 Jul 2010 , 5:35pm
Quote:
Originally Posted by TracyLH

Quote:
Quote:

No need to feel foolish, Tracy, it looks like these were inspired by you!



Thank you for showing that to me, Frank. They were not "inspired by me". They are complete and direct copies of my original design work which is part of my portfolio and the designs are copyrighted. They are dead-on copies. I did not authorize, nor do I at all, for my work to be copied. Examples like this is exactly why I removed my work from public viewing on the internet. I am not trying to sound bad, but I spend an incredible amount of time sketching and re-sketching my designs and do not authorize for my original work to be copied. These are part of my business portfolio. Good grief! They aren't even derivative works, as my copyright attorney calls it, but direct copies. I could save myself a lot of time too if I went around helping myself to others' original designs. Sorry to be so upset, but I really work hard on my designs and am just infuriated. Not even one change and permission was certainly never granted.




This post has had me thinking all night. Please do not take this offensively, but have you considered marking your photos and ideas with the copyright so that people who look at your work will know for sure that you do not what your design copied or interpreted. I know that if I see that there is a copyright logo on the item, book, or whatever, and i want to duplicate it, i am clearly and knowingly making a decision to take someone's idea illegally.
Also, i am an artist and and art teacher and i do understand the thought process, planning, and execution of a piece of work. However, for centuries, artists have always looked at the masters to immitate and perfect skills. Even when i was in art school, we studied artists and created in the "style" of the artist. Think about the number of times the Mona Lisa has been reproduced and altered, heck even other artists whose work has been copied almost exactly.
I feel that if you want to set claim to an idea, design , or method, you should make it very clear that you wish that you be contacted in order to use your ideas. How can you hold someone responsible for stealing your idea, if you fail to inform them that it is 'yours' and you do not want it replicated? By posting it on a public forum without any copyright information, what do you really expect?
Another question? What do you do when a bride brings in a photo of the cake, she HAS to have for her wedding and it isn't your design? Do you turn her away? Cakes are like the wedding gown, when a bride sees their cake, or a design they like, that's the cake they want! Brides always bring me photos for cakes, also the brides who know me well trust my designs and give me free artistic reign, those that are new to me often bring pictures.

TracyLH Posted 8 Jul 2010 , 6:01pm

Hi Dianaguerrant, Thanks for your thoughts! icon_smile.gif My photos are very clearly marked with the copyright symbol. thumbs_up.gif They even say underneath beneath the copyright mark that it pertains to the "Design & Image" as I do not wish for anyone to think it pertains to just the photo itself to avoid any confusion. I discussed it with my copyright attorney and he feels that it more than covers it. I have learned that when designs are documented in fixed format (i.e. - a photo as one example) they are protected by copyright. The symbol actually does not need to be there. I am actually nervous to write this as I do not wish this to turn into a discussion on copyright as that can be a sensitive subject, but I am just passing on what I have learned through research. Also, I do not want at all to make this about these exact cookies or this person. That would not be kind and I am not saying anything about 'stealing' or verbage like that. I do not wish to go after a fellow CC member who happens to be very talented and I am sure is very nice. I just did not want my artwork that is in my portfolio copied and I am just answering your question. You have a very good point about public forums and it is issues like these that are the reason that I no longer have my work available for viewing in any forums. Thanks for mentioning it though! You have covered all bases and your thoughts are very much appreciated!

Quote:
Quote:

Brides always bring me photos for cakes, also the brides who know me well trust my designs and give me free artistic reign,




Oh, that is absolutely the best! thumbs_up.gif

To answer your question, I am strictly a cookie decorator, so I do not do cakes, so I am not dealing with the wedding cake realm that you are. When I have had people ask me if I can reproduce a particular design, be it a cookie they see on-line or a licensed image, I tell them that I am not able to reproduce those designs as they are protected by copyright or licensing and it would be illegal for me to do so. I just play it very, very safe. Then I see if there is a design that I can create for them that they like. That is just me though. I am only writing this to answer your question, not to come across as telling others what to do at all. That is not my intent in the least. Again, that is just what I do and only to answer your question.

Editted to add that I had stepped away to pack up boxes and realized that I forgot to mention what I did when I had two images that I did want to bounce off of. I was just thinking of the times when I have had people hand me a cut-out of a cookie design they saw in a kitchen store catalog or the times when I have been asked if I could do Transformers or other licensed images. I forgot to mention that there were two times when I saw images that I wanted to use strictly as inspiration. I asked read up on copyright laws and knew that I needed to contact the original creator of the image to ask permission to do a design that was done after being inspired by theirs. (I learned the term 'derivative work' very well). I ran the idea by my copyright attorney to make sure I was on the right track and he agreed in full force that that was indeed the way to go. In one scenario, I saw a cookie years ago in a kitchen supply catalog that I wished to do my own version of, but it would be inspired by that one. After umpteen calls, I got in touch with the right person in the right department, explained that I wished to do a cookie whose design would be inspired by that one, but not at all copied. I explained what I wished to do design-wise in full detail. They granted me permission so I was good to go. Without it, I would not have done it. In the second scenario, I wanted to do a popcorn themed cookie and wished to use just the word 'popcorn' as written on the box I saw at the movie theatre. Just the word, not the overall box. That took days to trace down the company and the correct department, but I was able to do so, explained that I wished to use the word 'popcorn' as written for my popcorn box design and was granted permission to do so. I have been fortunate when I have asked, but I don't do it often. I am more about the design process and really gain the pleasure in the design stage. I guess I am just trying to get some use out of that degree in graphic design and all that went into it. icon_lol.gif I just love the designing process and truthfully, am really relieved when someone asks me if I can do a licensed image and I am able to tell them that I cannot as I really am not interested in duplicating licensed images anyway, but that is just me. I like that it gives me a nice 'out'. thumbs_up.gif

Well, I am in the midst of a very difficult cross-country move with a husband who has been away for months due to his job and as much as it has been nice to dive into a mental break, I need to sign off as boxes are calling and I am afraid I have to unplug myself. icon_cry.gif Thanks again for your thoughts! icon_smile.gif

dguerrant Posted 8 Jul 2010 , 11:20pm

I too hate to have to deal with the licensed characters, i hate the number of colors, bags, tips, bowls, etc.... and i love that i use the copyright thing as an out too. those cakes are a pita for sure, Dora did me in when i first started, i believe there were like 14 different colors on that darn cake. if i didn'tr love my daughter so much, i would've passed on that one. good luck on the move and may things go smoothly and easily for you icon_smile.gif

TracyLH Posted 9 Jul 2010 , 12:03am

Oh, I bet that your daughter was in seventh heaven! That sounded like a lot of work! Fourteen colors is nothing at all to sneeze at. That's a lot of bags to wash! Well, after a long day of move prep, I decided to treat myself and sit down for a bit and looked at your cakes. I was smiling ear-to-ear! Lovely designs and your razorback had such personality. icon_smile.gif Love your monkeys too! Thanks for your well wishes with the move. I will say it has been a doozy!

luv2bake6 Posted 9 Jul 2010 , 3:58am

Good luck on your packing and your move, TracyLH.

TracyLH Posted 9 Jul 2010 , 11:47am

Thanks, luv2bake6 icon_biggrin.gif - We are off to WA State, so I will now be learning how to deal with increased humidity. There is always something new to learn! icon_smile.gif Apparently, it rains there a lot, but I guess that is why it is so green. thumbs_up.gif

Rhinestonegirl Posted 9 Jul 2010 , 11:17pm

Not to hijack this post but I wondered why I got no response to my
post @ Iron Man cookies (I can relate to the Dora story on that project lol)
OMGosh this copyright thing is waaayyy deep.
My 2 cents is...there has to be a comfortable medium to this right...
Some say copying is the highest form of flattery the problem seems
to be in that the original artist deserves credit for their work which may be
difficult to do for a number of reasons and that seems to be the missing component.
I like the idea of asking for permission to duplicate in similar format sounds like a good start. I sincerely hope that this discussion opens the door to compromise but more importantly understanding by us allicon_wink.gif

fondantdotcom Posted 10 Jul 2010 , 2:03am

Hi everyone -

I cannot help but chime in on this thread. It's a topic I unfortunately know too well.

I have a very black and white point of view on copyrights:
if you do not own the copyright on the work you'd like to produce, do not produce it!

The creator of a design, photo, concept, work of art, etc. who owns the copyright is entitled, by law, to do with as they please with their work. The work is most likely their livelihood and therefore translates to dollars or potential dollars. It is up to the copyright holder what should happen with the work. It is NOT up to others to decide FOR the copyright owner the fate of the work in question. That's not my opinion, that is copyright law.

I have created designs for Starbucks, Neiman's, Nordies, Bloomies, etc. I know from experience that buyers do not want a design that is not original. They see everything and if the design is in the public arena, it is tainted, it is not "fresh" and they will do anything to distance themselves from it. For the company they work for to be perceived as being on the cutting edge, they hire professionals to create original designs to maintain their high end image. They will lose market share if they fail at that task. My copyrights are just as important to them as they are to me and it all translates to potential earnings.

With the onset of the internet, defending the copyrights of my catalog of 20 years worth of my work has become a full-time job. If you ask me to duplicate something I've created because you think it's great, the answer will be "sorry". Flattery as form of payment to use a copyrighted design is not an option for me.

The answer might be yes if the work has already appeared in a publication or magazine, has run it's course with the retail buyers, or other circumstances where it has substantially lost it's earning potential. Until then, my copyrighted work will be defended tooth and nail.

Copyrights are a business tool. Not a barbed wire fence to keep admirers out. They are the law and must be respected. There's no need to get upset about it. They are a legal reality and in the business world, not up for debate.

If you can, put yourself in the creator's shoes. Think what it would be like to have your design, the one you're REALLY proud of trifled with or worse, stolen. It feels terrible. I wouldn't wish the feeling on anyone.

Thanks much - fondant.com

Rhinestonegirl Posted 10 Jul 2010 , 2:21am
Quote:
Originally Posted by fondantdotcom

Hi everyone -

I cannot help but chime in on this thread. It's a topic I unfortunately know too well.

I have a very black and white point of view on copyrights
if you do not own the copyright on the work you'd like to produce, do not produce it!

The creator of a design, photo, concept, work of art, etc. who owns the copyright is entitled, by law, to do with as they please with their work. The work is most likely their livelihood and therefore translates to dollars or potential dollars. It is up to the copyright holder what should happen with the work. It is NOT up to others to decide FOR the copyright owner the fate of the work in question. That's not my opinion, that is copyright law.

I have created designs for Starbucks, Neiman's, Nordies, Bloomies, etc. I know from experience that buyers do not want a design that is not original. They see everything and if the design is in the public arena, it is tainted, it is not "fresh" and they will do anything to distance themselves from it. For the company they work for to be perceived as being on the cutting edge, they hire professionals to create original designs to maintain their high end image. They will lose market share if they fail at that task. My copyrights are just as important to them as they are to me and it all translates to potential earnings.

With the onset of the internet, defending the copyrights of my catalog of 20 years worth of my work has become a full-time job. If you ask me to duplicate something I've created because you think it's great, the answer will be "sorry". Flattery as form of payment to use a copyrighted design is not an option for me.

The answer might be yes if the work has already appeared in a publication or magazine, has run it's course with the retail buyers, or other circumstances where it has substantially lost it's earning potential. Until then, my copyrighted work will be defended tooth and nail.

Copyrights are a business tool. Not a barbed wire fence to keep admirers out. They are the law and must be respected. There's no need to get upset about it. They are a legal reality and in the business world, not up for debate.

If you can, put yourself in the creator's shoes. Think what it would be like to have your design, the one you're REALLY proud of trifled with or worse, stolen. It feels terrible. I wouldn't wish the feeling on anyone.

Thanks much - fondant.com


@fondantdotcom you totally misunderstood my comment, rather than spend time defending your comment let me agree with an earlier post that in a public format like this one you can not expect that people will not use photos for inspiration as I am sure you
have not created every item you have ever decorated without gaining some inspiration from
someone else. My point is that as a courtesy one should contact the designer to talk @ using their work for inspiration as was also mentioned here by Tracy. So save your lecture for someone else!

adventuregal Posted 10 Jul 2010 , 3:16am

this is a very sticky topic...and welcome to WA TracyLH-it does rain alot here, but right now its 83 at 8 in the evening and doesn't look to be cooling off for awhile. On the copy right issue...I understand why some one would get upset if some one "stole" their design, BUT this is a public forum and not everything is that black and white. I had a nice woman pm me for instructions to do one of my cakes and she didn't ask for permission. The way I look at it is-if its a cake of a dog for example then theres no reason to get upset. It's a dog! I didn't create dogs, or bumble bees, or dragons. Theres only so much creativity involved in doing some thing like that. You can change colors/expression etc, but its still going to have all the same characteristics. I don't doubt that someone could create some thing they think is 100 % original, but we have billions of people on this planet and I'm sure its been done before. Having said that-if someone is planning on doing a 100% replica I think its a good idea to shoot the original artist an email. I just find it hard to believe anyone is 100% original even if we'd like to think we are. All our thoughts, visions, and creativity is from somewhere.

adventuregal Posted 10 Jul 2010 , 3:21am

^^^furthermore, because a unicorn was an original creation and doesn't exist outside of imagination should we then try to figure out who came up with the unicorn decades or centuries ago and asking permission before making one of our own and selling it as a "unicorn"?
I'm not familiar with copy right laws, but I find it weird that someone is in the wrong for re creating an image of, say, a bird, but not wrong for selling a cake of a unicorn. Some things seem impossible to track down and endlessely tiring.
Hmmm definitely some food for thought for me...

cookielicious Posted 10 Jul 2010 , 5:11am

I'm curious about something... what if the person who copied the cookies was not selling them, but made them for a family get-together? I completely understand not wanting someone to use your designs for their cookie business, but think about the character pans that Wilton sells- you can make the copyrighted designs for personal use. How do we know what the use was? Has anyone asked this person? I just really hate it when conclusions are jumped to. icon_sad.gif

TracyLH Posted 10 Jul 2010 , 12:28pm
Quote:
Quote:

this is a very sticky topic...and welcome to WA




Thank you, AdventureGal for your welcome! icon_biggrin.gif I have heard that the sun has been shining and it is just gorgeous. I am down to the final move prep push and I look forward to it being over. My husband is gone (has been for nine months) and I am organizing and packing up 10,000 lbs to be ready for him to take in a U-Haul to be driven from VA to CT to be stored in temporary and deep storage and then there is the regular move to prepare for on top of it. I am drop dead exhausted. (Where is the 'drop dead exhausted' emoticon when you need it? icon_lol.gif I think a lot of us who all juggle so much could use it. thumbs_up.gif )

You are so very right. This is a very sticky topic. It makes me think, "Danger, Will Robinson! Danger!" with the robot's arms flailing about. (Of course, I am assuming that you are even old enough to know that reference to the original "Lost in Space" icon_lol.gif )

As I really, really do have to focus on this final push for the move, I will be signing off of this topic. It just becomes a hornet's nest. I just follow what I have been told by my copyright lawyer. He is a partner in a large copyright firm here in D.C. so I have faith in the counsel he gives me. I also did a lot of initial studying through the U.S. Copyright Office. That is the best place to start if one wants to learn the legalities of copyright law.

Copyright law is very specific. One most definitely cannot copyright a concept - a idea of a duck, a unicorn, etc. One can copyright a specific design/artwork. For example, the artwork of a certain duck named Donald. However, a design does not have to have the magnitude of Disney standing behind it to be copyright protected. Any original specific design can be copyrighted. Again, not the concept, but the actual design.

As for public forums, I have never seen it stated that designs are up for grabs. It is wonderful that so many are fine with their work being copied, but I do not wish that to happen. I have removed my work from public forums to prevent that from occurring. I do have a circle of cookie friends who can view it, but it is closed off to public viewing. In my case, I felt this was the best path to take. I enjoy the back and forth of showing each other what we came up with and the support we give one another for our hard work. I have had some of them ask me if they can do designs inspired by mine and I give them permission as I know that my artwork will simply be 'inspiration' for what they create and never a copy. They also give credit to the original designer. I miss the back and forth excitement of showing my CC friends what I had created, but this was the best route for me as time and time again, I was finding my original artwork either directly copied or a derivative work done without asking, which violates copyright law and did not set well with me. I spent years studying graphic design and it was ingrained into me that this is a no-go. Others apparently are fine with copying and that is wonderful for them. I, and actually several I know, do not wish that to occur. I can still come here and try to answer questions and offer supportive comments, but that is it for me. That is just my choice in order to protect my work.

The photos that I do have are clearly marked with the copyright symbol, but as explained to me by my copyright attorney, that is not a necessity as original designs are protected once set in fixed format (i.e. a photo). As for the issue if someone plans to do a 100% replica of someone else's work that they see on a public forum, they certainly need to get permission first. If it is allowed, well, that is great, but only if it is allowed. That is very gracious of the original designer given the time it takes to create an original design. I spend hours and hours in the design stage and many times hours as well in the research stage. You would laugh your head off at the amount of research I did to design my sailboat cookies. I was bound and determined to make sure I got it correct nautically as the recipients all sail or have sailed and, trust me, they would call me on any errors. I pulled up actual drawings of boats and photos to do my research, but kept seeing too many discrepancies with the jib, the boom and the direction in which the flag blows in relation to the mainsail. I called a pro sailing shop in Long Beach, CA. The gentleman who answered the phone was both amused and very helpful. After all of those hours of research and then the design time (I am very detail oriented) I do not wish to see my work copied. I did used to have my work available for viewing on public forums and it was clearly marked with the copyright symbol and the wording that it applied to both the design and image and I still found some of it copied down to the accent lines and fine detailing for sale on someone's website. I contact them and asked that they remove my copyrighted design. She apologized and said that she did not realize it was copyrighted. The copyright was very, very predominantly shown, so as this was happening far too often (and these were only the ones I stumbled across or was told about), it was time to pull my designs off of viewing on public forums.

Copyright is taken very seriously by many. I know of two other immensely talented cookie artists who have done the same as I have in removing my work from viewing on a public forum. They do unbelievable work and their level of talent and creativity was an inspiration just to look at. They were not looking for credit. That did not negate what was being done. They simply did not wish to have their original works duplicated or simplified or similar versions done. One of the reasons is that they are both in the process of writing books and they cannot get their work published if it is already out there being done by others. More-so, they were astonished that people would just duplicate their work or do derivative works without prior permission, which is copyright infringement. I also have been approached about writing a book and I am covering myself. Again, for the three of us, it is more about the designs themselves being used, not just the book issue.

As for personal use, my understanding from my copyright lawyer is that you just do not copy others' copyrighted work. It is not a matter of whether or not it is sold.

I think the best idea for these public forums is to ask the original designer first if you can do a work inspired by theirs and then give them credit for the inspiration when posting your version. If dealing with a company as I did when I asked permission to do a cookie that was inspired by their work (and mine was substantially different from the original) or in the case of using that small logo for the center of the popcorn box, make sure you get it in writing with the name of the person you spoke to, the date and even the time. Additionally, (very importantly) it cannot appear to be too close to the original design in any case (public forum or not) and permission must be granted. That is the aforementioned 'derivative work' and is copyright infringement if it is done, even if different, without prior consent from the original artist. My copyright attorney taught me that if someone can hold up a design next to the second design (whether the first came from a public forum or not) and it is obvious where the inspiration came from for that second one, that even if it is different, if no permission was granted from the original artist, that is copyright infringement and will stand up as such in a court of law. They look at a whole list of factors that I cannot get into right now - distinctive aspects, etc. Just bear in mind that when if someone asks to play off a design, permission might not always be granted. I know of several who do not allow it.

Again, this topic is a hornet's nest. I just follow copyright law and also a sense of what I learned as a child. You dont take something that doesnt belong to you and if you want to play with someone elses toys, you ask first. Well, I am signing off of this topic. Boxes are everywhere, I have two kids to take care of and I need to get to the task at hand as movers will not understand if I am not prepared when they pull up. We are going to a house less than half the size of this one and I have my work cut out for me.

TracyLH Posted 11 Jul 2010 , 12:10pm

I am popping on really quickly before I pack up more boxes to pass on another very informative thread about copyright, if anyone wishes to see it. It covers a variety of topics that might be helpful:

http://cakecentral.com/cake-decorating-ftopict-687551.html

letsgetcaking Posted 12 Jul 2010 , 12:06am

I'm trying to understand this for personal use. If someone makes cookies or cake that are basically copying another person's design (Donald Duck, the mosquito cookies, etc...), I thought that was fine for home/personal use. I guess I think of it the same way I do of singing my favorite song from the radio with my siblings, or drawing cartoons for my kids.

Does the problem come, not from making the cookies or singing the song, but from photographing/recording the product and allowing others to see it?

TracyLH Posted 12 Jul 2010 , 1:17am

If a company or artist authorizes copying of their copyrighted work, than fine. thumbs_up.gif Otherwise, it is copyright infringement whether it is for personal use or for profit and whether it is photographed or not. The law does not say "this is copyrighted unless someone wishes to use it for personal use". The link I posted right before this one has very good information on the subject as does the U.S. Copyright Office. Copyright law is pretty specific. Permission needs to be granted in either case. There may be some who are fine with their copyrighted work being copied for personal use, but I can tell you that most are not in any form. Take for example Elenis. I doubt that she would be fine with someone copying her cookie designs for personal use. The same applies to anyone who has copyrighted their work. Remember though that the work does not have to have the copyright symbol on it to be covered. My copyright attorney thought at first that I actually should not put the copyright symbol on my work as he thought it detracted from my design, but I wanted to feel covered as many do not realize that work is covered whether it has the symbol or not. After seeing the problems I have faced even with the symbol on, he is glad I do so.

letsgetcaking Posted 12 Jul 2010 , 1:44pm

Thanks for the info.

bonniebakes Posted 12 Jul 2010 , 1:50pm
Quote:
Originally Posted by letsgetcaking

I'm trying to understand this for personal use. If someone makes cookies or cake that are basically copying another person's design (Donald Duck, the mosquito cookies, etc...), I thought that was fine for home/personal use. I guess I think of it the same way I do of singing my favorite song from the radio with my siblings, or drawing cartoons for my kids.

Does the problem come, not from making the cookies or singing the song, but from photographing/recording the product and allowing others to see it?





I agree - it can be very confusing! And honestly, I'm not sure how to answer your question about the songs, so I'll stick to what I understand about designs...

I had a long discussion with a very helpful man in the Copyright office a while back. The way he explained it, regarding works of art, it's about unauthorized reproduction of the design, not whether or not it's a sold item. Copyrights protect the creator of the work (having done the "work" to make it originally) so that he/she has the right to decide how, when, and by whom it is used. From that black and white standpoint, it seems only fair that the creator be able to decide who, how, and when it is used..

He went on to say that when a person reproduces a design for home/personal use the chances of the person who created the design finding out are smaller, but that does not negate the infringement issue.

When you buy a Wilton character pan, you are buying limited rights to use the design. That's why on the pan paperwork it says for home use only. That's the permission the copyright holder has granted, by his choice to allow it's reproduction.

Quote by @%username% on %date%

%body%