curlsandcrowns Posted 11 Jul 2010 , 9:51pm
post #1 of

I have a question, some bakeries / decorators use the 'toy' and some use gumpaste / fondant to make licensed characters on cakes. From my understanding, it is illegal to make a licensed character for a cake, even if you are licensed. But , what is the real answer. Because i don't want to get in trouble by making a mickey mouse and be sued by disney or a cars theme, etc. I see some doing it, but i am a little worried. Whats the info on this. I have seen a very big bakery actually say , it is illegal, and they will not make it they only use the toy. thanks in advance

3 replies
catlharper Posted 11 Jul 2010 , 9:55pm
post #2 of

You can not make licensed characters for a cake you are going to sell. It's better to either place figurines that you have purchased or have the client do it and add it to the cake after.

Vkandis Posted 11 Jul 2010 , 10:10pm
post #3 of
Quote:
Originally Posted by curlsandcrowns

I have a question, some bakeries / decorators use the 'toy' and some use gumpaste / fondant to make licensed characters on cakes. From my understanding, it is illegal to make a licensed character for a cake, even if you are licensed. But , what is the real answer. Because i don't want to get in trouble by making a mickey mouse and be sued by disney or a cars theme, etc. I see some doing it, but i am a little worried. Whats the info on this. I have seen a very big bakery actually say , it is illegal, and they will not make it they only use the toy. thanks in advance




The material it is made out of is irrelevant--it is the image of the character that matters whether it is in the form of a pan, a scultped figure, made from fondant, or piped with buttercream.

tinygoose Posted 11 Jul 2010 , 10:20pm
post #4 of

It's a copyright issue. If you make your child a Mickey Mouse cake for their birthday, that's legal, but you can't sell the same cake for a profit. If the client wants to check into getting a copy right release ( in writing) so that you can do the cake, then you can do it. Some characters will charge a nominal fee to use their image/likeness, others are much more stringent about it.

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