Copyrights....?

Decorating By Tigger3110 Updated 13 Oct 2010 , 2:08pm by bonniebakes

Tigger3110 Posted 12 Oct 2010 , 2:59am
post #1 of 13

When asked to make cakes in the shape of cartoon characters or an xbox.... are we infringing on copyritght laws if we make them??

I make cakes, from my home, for the fun of it. I enjoy it, and really love hearing feedback from people who get their cakes from me. I charge for my ingredients and time.

Am I breaking the law by making a Tigger shaped cake? What about if I make small figures (ie the Backyardigans) from gum paste? I know that I am safe if I buy prefabricated 'toppers'....but that isn't the same!

12 replies
Renaejrk Posted 12 Oct 2010 , 3:14am
post #2 of 13

Yes, even if you only charge for ingredients. You are only allowed to do it if you don't charge anything for it at all. It totally sucks, I know! But that is the way it is.

Tigger3110 Posted 12 Oct 2010 , 11:50am
post #3 of 13

Thanks! I was wondering, I see a lot of character cakes on this website but didn't know if they charge for them or not....

leah_s Posted 12 Oct 2010 , 12:26pm
post #4 of 13

You could have double trouble. You have to be inspected and licensed to sell (accept any $) if your city or state requires it plus the whole copyright issue. You can make a generic background and place figures on it. I require the customer to buy the figures and then I put them on the cake. The pictures that you see on here could be moms making the cake for their own children.

bonniebakes Posted 12 Oct 2010 , 12:30pm
post #5 of 13

Just so you know - it is copyright infringement if you sell it - and if you don't sell it.

According the the copyright office, infringement is about the reproduction without permission - not whether or not you sell the item.

Renaejrk Posted 12 Oct 2010 , 9:45pm
post #6 of 13
Quote:
Originally Posted by bonniebakes

Just so you know - it is copyright infringement if you sell it - and if you don't sell it.

According the the copyright office, infringement is about the reproduction without permission - not whether or not you sell the item.




Yikes! Did not know that - even doing it for your own kids - man that really stinks!

Coral3 Posted 12 Oct 2010 , 11:05pm
post #7 of 13

Does anyone actually know of someone getting into trouble over a cake with copyrighted characters on it? I'd really love to know because I've never heard of any cases. Do companies really care about few baked goods? Unless you go into mass-production, I would think that most have bigger fish to fry than someone who made a cake with their character on it.

rosa1110 Posted 12 Oct 2010 , 11:31pm
post #8 of 13

ok, hi everyone i am just trying to get a answer also. new to post. is it illegal to sell character cakes even if you buy the character cake pan it self? thanks cc.....

Tigger3110 Posted 12 Oct 2010 , 11:49pm
post #9 of 13

Interesting point about the character pans. The local Bulk Barn rents them!! Where does the 'law' stand on that??

Spuddysmom Posted 13 Oct 2010 , 12:02am
post #10 of 13
Quote:
Originally Posted by rosa1110

ok, hi everyone i am just trying to get a answer also. new to post. is it illegal to sell character cakes even if you buy the character cake pan it self? thanks cc.....



Yes.

rosa1110 Posted 13 Oct 2010 , 3:58am
post #11 of 13
Quote:
Originally Posted by Spuddysmom

Quote:
Originally Posted by rosa1110

ok, hi everyone i am just trying to get a answer also. new to post. is it illegal to sell character cakes even if you buy the character cake pan it self? thanks cc.....


Yes.


oh thanks for the info, good to know

bonniebakes Posted 13 Oct 2010 , 2:02pm
post #12 of 13

When you buy a character pan you are purchasing the right to use it for home production only - not for sale. I believe it is written on the paperwork that comes with each pan.

bonniebakes Posted 13 Oct 2010 , 2:08pm
post #13 of 13
Quote:
Originally Posted by Coral3

Does anyone actually know of someone getting into trouble over a cake with copyrighted characters on it? I'd really love to know because I've never heard of any cases. Do companies really care about few baked goods? Unless you go into mass-production, I would think that most have bigger fish to fry than someone who made a cake with their character on it.




I do know of people that have been "found out." There are hefty fines, from what I understand. I know of people who have been asked to cease and desist, or have had to pay fines for characters (like Disney), copying a major manufacturer (like LV purses), etc.

One thing that I was told by a man at the copyright office a while back was that if a company/copyright holder wants to protect their creation, they have to "go after" ALL cases of infringement, whether a big company, only-for hobby, etc. Doing that makes it a stronger case if they were to ever be involved in a major copyright infringement case.

There are quite a few threads about this here on CC. It's a subject that comes up fairly often. If you want to search for it, I'm sure you'll find lots of information.

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