attackofthecakes Posted 13 Jul 2010 , 5:03am
post #1 of

So I have an order for a mickey mouse cake...trouble is they have done some research!...I will attach the image they sent me..now Im pretty confident I can figure this out, (I usually do), but a little advice doesn't hurt..I assume I will have to do the head with Styrofoam, Ive never done a cake like this before, so any advice, maybe a few tutorials may help...thanks everyone[/img]
LL

31 replies
PiccoloChellie Posted 13 Jul 2010 , 5:07am
post #2 of

My biggest piece of advice is to make sure you have a written copyright release from Disney before creating and selling this cake. The fines for copyright infringement are hefty. icon_sad.gif

attackofthecakes Posted 13 Jul 2010 , 5:34am
post #3 of

well lucky for me the cake was ordered by family haha...also don't think it will be on tv anytime soon icon_biggrin.gif..but most kids want there favorite characters for there cakes so if i worried about copyright laws Id probably wouldn't have many cakes to do.. icon_cry.gif

FleurDeCake Posted 13 Jul 2010 , 6:16am
post #4 of

WOW!!!!!!!!!!!!!!!!!!!!attackofthecakes, that sounds really harsh and sarcastic .. maybe even borderline rude , especially since Piccollo was just trying to give you info that could save you a lot of problems . Disney can be really stiff when it come to thier copyrights. I am glad to know that this cake is for family and not for sale ,but you may want o reconsider your thought process when it come to copyright infringement .Just Sayin

kger Posted 13 Jul 2010 , 7:24am
post #5 of

Maybe head and feet out of RKT. Or actually, I wonder if the Wilton 3D bear pan could work for this...?

attackofthecakes Posted 13 Jul 2010 , 2:25pm
post #6 of

sorry if you thought i was rude fleur..it wasn't meant to be, i was just kidding around. my point was that most of the time kids want the characters they love on cakes, not original designs, which believe me, i'd rather do an original design any day of the week. Looking around CC i see tons of Characters from Disney and others..So what does everyone do when it comes to this problem?

leah_s Posted 13 Jul 2010 , 2:32pm
post #7 of

Seriously, PiccoloChellie gave you the best advice. If someone posts a picture of the cake on Facebook or Flickr, etc, Disney can trace it back to you. They do have people that surf the web and even monitor high school drama productions (I have a friend who is a drama coach) just looking for anyone who infringes on their copyright. Messing with Disney is serious business.

TexasSugar Posted 13 Jul 2010 , 3:27pm
post #8 of

When you use the word order, then that implies that the cake is being made for exchange of money. Doesn't matter of the cake is for family if money, compensation or favors change hands, then you are being paid to reproduce a copyrighted cake, which is illegal.

If the cake is for family and it is your gift you can make it with out any problems.

Just because kids want their favorite characters on a cake it doesn't mean that the laws don't exist. There are alot of things in this world I want, that I don't get.

There are ways to do cakes with characters that fall in to the legal realm of things, this one though, would not.

Please remember that just because you see cakes posted on CC or other places on the net, it doesn't always mean they were done and sold. There are many people here that have kids and will do those kinds of cakes for their kids only. I have some character cakes in my photos but no money changed hands for them, they were my gift to my nephew and to a friend's son.

And just because someone else does it, doesn't make it any less illegal.

Doug Posted 13 Jul 2010 , 3:38pm
post #9 of
Quote:
Originally Posted by leah_s

Seriously, PiccoloChellie gave you the best advice. If someone posts a picture of the cake on Facebook or Flickr, etc, Disney can trace it back to you. They do have people that surf the web and even monitor high school drama productions (I have a friend who is a drama coach) just looking for anyone who infringes on their copyright. Messing with Disney is serious business.




BIG DITTO.

their images are their income.

so rabid to protect -- even when the image isn't sold but merely viewed in a commercial setting -- ala

http://www.snopes.com/disney/wdco/daycare.asp

now that's STRICT enforcement of copyright!

attackofthecakes Posted 13 Jul 2010 , 3:46pm

wow after that last one (texassugars) i feel like i should go to my room without dinner icon_eek.gif

TexasSugar Posted 13 Jul 2010 , 3:52pm

I was just giving your information, as has everyone else. You can take it and do what you want with it, that's your choice.

leah_s Posted 13 Jul 2010 , 4:00pm

attackofthecakes, we're all giving you solid advice. It just sounds like it isn't what you want to hear. But we're still giving you the right advice.

PiccoloChellie Posted 13 Jul 2010 , 4:19pm
Quote:
Originally Posted by attackofthecakes

Looking around CC i see tons of Characters from Disney and others..So what does everyone do when it comes to this problem?




This is from my site's FAQ on this subject:

* Can I get a cake that looks just like a designer purse, cartoon character, sports team logo, etc?

Maybe. Before we can produce any cake, cupcake, cookie, or other treat designed to look like or using the logo of any trademarked image, a copyright release form must be issued by the copyright owner giving us permission to use it. This means if you'd like a cake with a famous mouse on it, for example, we can only make it once the written legal permission is in our hands. This includes shaped pans, edible images, and so on. You may obtain the release yourself, or we will attempt to obtain it for you at a cost of $20 per hour.
If a copyright release cannot be obtained, we will be happy to design a cake in complementary colors or in a complementary style to allow you to place toys or figures that you purchase on your cake.
Here's what it comes down to: if we don't have legal permission to use a trademarked image on a cake, we cannot sell you a cake using that trademarked image without breaking the law. We can legally sell you a red and white cake and you are free to place a set of toy mouse ears or a mouse figure that you purchase at the store on your cake.

*************************

I make a fancy cake for my niece & nephew for their birthdays as my gift to them. If they wanted an iCarly cake or a Cleveland Indians cake, I could make that for them.
If a customer requested the Mickey cake you posted, I would not make the cake and would refer to that section of my FAQ. I'd do a Decopac or provide a base for them to place figures that they purchase, but legally that's all I'm able to do.
If my sister offered me $50 to make a logo'd Coach purse cake for her, I'd either make it for free or not make the cake at all.

*shrug*
It is what it is. It may seem harsh on Disney's part, or any any copyright holder's part, but that image is, as Doug said, their income.

LuluSweetArt Posted 13 Jul 2010 , 4:22pm

Hey hey kids...c'mon...we're all friends here. Attackofthecakes: the others are right. The Disney police will get you. It really is unfortunate how difficult it can be with copyrighted characters, my best suggestion if you have a cake being paid for: make a cake with designs inspired by the character and then the client can buy a plastic topper of the character that matches. Ta-da! Problem solved. Now on the the question you asked...I would definitely use RKT for the head and feet, gumpaste for the ears, and modeling chocolate for the hands. That way all of the cake can be eaten and enjoyed. Good luck! This looks like a tough one!

attackofthecakes Posted 13 Jul 2010 , 4:25pm

I understand and appreciate advice, and everything you guys said is correct, I just prefer it not to be in a condescending manner Texas. Anyway thanks for all the advice, I will definitely think twice before doing a Disney themed cake, Ironically someone just called me about doing a little mermaid cake ( pay cake).. icon_biggrin.gif ...turned it down, but offered to design an equally beautiful cake for them!!

attackofthecakes Posted 13 Jul 2010 , 4:29pm

thanks PiccoloChellie , that was a very helpful post....

Doug Posted 13 Jul 2010 , 4:41pm
Quote:
Originally Posted by PiccoloChellie

... or we will attempt to obtain it for you at a cost of $20 per hour.




hmmm considering that's a lot of legal beagle work, shouldn't you charge more like a lawyer/attorney would -- say $100 hour?

icon_lol.gificon_rolleyes.gifthumbs_up.gif

SPCC Posted 13 Jul 2010 , 4:42pm

I would try the wilton 3D teddy bear to do the mickey mouse. maybe when you put the picture up here or if you have a website maybe put underneath it that it was for family and was not a paid gift.

As a newbie here we have to learn the regulars way of talking I guess. I too have had issues and it always comes off as "oh it wasn't meant that way!" or "I'm just playing!" take the advise that they give you as good advise but how they say it with a grain of salt. You will learn a lot of great decorating and cake baking tips on this site.

TexasSugar Posted 13 Jul 2010 , 4:52pm

My post was not meant in a condescending manner, but I can't help how you read it. It is the same reply I have given many of times on here on the same subject.

SPCC Posted 13 Jul 2010 , 4:58pm
Quote:
Originally Posted by TexasSugar

My post was not meant in a condescending manner, but I can't help how you read it. It is the same reply I have given many of times on here on the same subject.




I understand that but sometimes people read things differently.

JanetBme Posted 13 Jul 2010 , 5:42pm

wow, so do you still want to know how to DO the cake? I kinda thought that is what you were actually asking for. But maybe I missed something!


I'd run a screwed from the bottom dowel off center of your board. Stack a 8 inch and a 6 or 3 inch cake on top and carve it into the mounded body shape. Since you are willing to use styrofoam, I would if you can. Otherwise if you want it all edible do RK. Drill a hole in the bottom of the styro, the size of your dowel. Place it on there. I wouldn't actually carve out that "snout" that one has- I think it would look better if you just enhance the snout part without building it out so far. Dry the ears in a bowl to get them to round out- the attach sticks on the back with chocolate (or you can dry them in the gumpaste. If you need any help- just ask, it has alot going on, but it is an easy design.

bonniebakes Posted 13 Jul 2010 , 5:49pm
Quote:
Originally Posted by SPCC

I would try the wilton 3D teddy bear to do the mickey mouse. maybe when you put the picture up here or if you have a website maybe put underneath it that it was for family and was not a paid gift.

.




I don't want to stir the pot anymore, but I do want to add some information that I got directly from the copyright office....

Copyright infringement does not apply only to goods that are sold. It applies to all reproductions, for sale or otherwise. So making a cake with a copyrighted character or other image on it without premission from the copyright holder is copyright infringement - whether it is sold, made for family, or just thrown in the trash right after it is completed.

SPCC Posted 13 Jul 2010 , 6:32pm
Quote:
Originally Posted by bonniebakes

Quote:
Originally Posted by SPCC

I would try the wilton 3D teddy bear to do the mickey mouse. maybe when you put the picture up here or if you have a website maybe put underneath it that it was for family and was not a paid gift.

.



I don't want to stir the pot anymore, but I do want to add some information that I got directly from the copyright office....

Copyright infringement does not apply only to goods that are sold. It applies to all reproductions, for sale or otherwise. So making a cake with a copyrighted character or other image on it without premission from the copyright holder is copyright infringement - whether it is sold, made for family, or just thrown in the trash right after it is completed.




why do they sell cake pans and that sort of stuff then? just wondering

Doug Posted 13 Jul 2010 , 6:49pm
Quote:
Originally Posted by SPCC

Quote:
Originally Posted by bonniebakes

Quote:
Originally Posted by SPCC

I would try the wilton 3D teddy bear to do the mickey mouse. maybe when you put the picture up here or if you have a website maybe put underneath it that it was for family and was not a paid gift.

.



I don't want to stir the pot anymore, but I do want to add some information that I got directly from the copyright office....

Copyright infringement does not apply only to goods that are sold. It applies to all reproductions, for sale or otherwise. So making a cake with a copyrighted character or other image on it without premission from the copyright holder is copyright infringement - whether it is sold, made for family, or just thrown in the trash right after it is completed.



why do they sell cake pans and that sort of stuff then? just wondering




because:
1) Wilton or whomever has LICENSED the character on the pan -- they've paid a fee to the owners of the copyright.

2) The license is for PERSONAL, PRIVATE, HOME USE only and not for commercial resale -- it's even stamped onto the pan.

3) When you buy the pan you are:

a) paying Wilton who then in turn passes on a part of that to the original company.

b) agreeing to the terms stamped on that pan that it is not for commercial resale but for private use only.

Great gimmick as how many mickey mouse bandleader cakes are you really ever going to make?

Everyone is happy, Disney (or others) get TWO fees -- the original licensing fee paid by Wilton and the per pan sold fee.

Wilton makes a bunch of money

And you get ..... well sick of using the pan. icon_rolleyes.gif

sweettreat101 Posted 13 Jul 2010 , 7:19pm

I have found this to be a very touchy subject. I know we come here for specific advice but I have decided not to post anymore questions about copyrighted characters. If it's for a family member and you don't intend on posting your finished picture then heck with it make the cake. I know it's not legal but these companies put out their products in hopes that small children will fall in love with their toys or images and of course they are going to want a character birthday cake. If your not making a profit on the cake and it's for family I don't see a problem. I made a cake for a friend and she purchased Disney toys and put them on the cake. It's sad but Disney is one company you don't want to mess with. Don't these companies realize that when kids pick a theme for their birthdays they are actually making more money on their character. How many parents run to the store to purchase matching plates, cups, tablecloths and toys for party bags. Just a thought.

attackofthecakes Posted 13 Jul 2010 , 7:38pm

thanks JanetBme, for replying to my original post...yes that sounds like a good way to do the cake. as far as building up the snout part, maybe i should use RTK for that?...

SPCC Posted 13 Jul 2010 , 7:50pm
Quote:
Originally Posted by Doug

Quote:
Originally Posted by SPCC

Quote:
Originally Posted by bonniebakes

Quote:
Originally Posted by SPCC

I would try the wilton 3D teddy bear to do the mickey mouse. maybe when you put the picture up here or if you have a website maybe put underneath it that it was for family and was not a paid gift.

.



I don't want to stir the pot anymore, but I do want to add some information that I got directly from the copyright office....

Copyright infringement does not apply only to goods that are sold. It applies to all reproductions, for sale or otherwise. So making a cake with a copyrighted character or other image on it without premission from the copyright holder is copyright infringement - whether it is sold, made for family, or just thrown in the trash right after it is completed.



why do they sell cake pans and that sort of stuff then? just wondering



because:
1) Wilton or whomever has LICENSED the character on the pan -- they've paid a fee to the owners of the copyright.

2) The license is for PERSONAL, PRIVATE, HOME USE only and not for commercial resale -- it's even stamped onto the pan.

3) When you buy the pan you are:

a) paying Wilton who then in turn passes on a part of that to the original company.

b) agreeing to the terms stamped on that pan that it is not for commercial resale but for private use only.

Great gimmick as how many mickey mouse bandleader cakes are you really ever going to make?

Everyone is happy, Disney (or others) get TWO fees -- the original licensing fee paid by Wilton and the per pan sold fee.

Wilton makes a bunch of money

And you get ..... well sick of using the pan. icon_rolleyes.gif




so you ARE getting permission to use the cake for personal use when you buy it. I haven't bought any of the pans because I know that I would only use them once. But things like cookie cutters and what nots.

Doug Posted 13 Jul 2010 , 7:53pm
Quote:
Originally Posted by sweettreat101

It's sad but Disney is one company you don't want to mess with. Don't these companies realize that when kids pick a theme for their birthdays they are actually making more money on their character. How many parents run to the store to purchase matching plates, cups, tablecloths and toys for party bags. Just a thought.




and that IS the point...

they want you to BUY the products that have been PROPERLY licensed which means they get $$$ off of each and every purchase

AND...

at the same time protect the QUALITY and REPUTATION of the company.
those products have to go through MULTIPLE reviews to meet the quality standards -- after all a shoddy product would be a bad reflection on them

and even as big as they are, Disney doesn't have enough quality assurance cast members to be in every bakery, every rented kitchen, every home kitchen to assure it meets their standards.

so, until they develop a "certified Disney baker" program......

JanetBme Posted 14 Jul 2010 , 1:07am
Quote:
Originally Posted by attackofthecakes

thanks JanetBme, for replying to my original post...yes that sounds like a good way to do the cake. as far as building up the snout part, maybe i should use RTK for that?...




if you really want to build the snout- then cut styrofoam and put toothpicks in it, and glue it to the rest of the head. If you do RK treats (this totally depends on how big you are working also) paint the whole thing with melted candy melts/candy wafers before you ice it. That will help keep it together. Do several layers with a wide brush. My daughter did a monkey cake recently- and that is how she did it. Form the rk treats on a dowel that you've spray pammed. That way you can remove it from the dowel and put it on the real dowel. She did it with my instructions, so if she can do it, it should be easy for you! Here is is...(please remember she is 22 and in NO way a professional she makes a cake maybe twice a year)
LL

preciouspjs Posted 14 Jul 2010 , 1:26am

wow. I never thought of copyright infringement in form of a cake.. that is scary..

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