Have You Ever Gotten Into Trouble Over A Copyright?

Decorating By kristanashley Updated 8 Nov 2010 , 10:27pm by MamaD77

kristanashley Posted 8 Nov 2010 , 1:18pm
post #1 of 12

I've read tons on here about the illegal use of copyrighted material. However, every other celebration cake that I see posted has some kind of copyrighted material. So I was just wondering if any of you have ever actually gotten in trouble for using a copyrighted image and what consequences you faced? Just curiosity... icon_smile.gif

11 replies
mayo2222 Posted 8 Nov 2010 , 1:54pm
post #2 of 12

Most of the cakes you see were probably done for family or were done for free. There is probably a good chunk that got a license so they could sell their cake and probably/hopefully only a handful that are selling trademarked character cakes without a license.

http://boingboing.net/2005/06/16/copyright-cops-crack.html

Its not worth it, because you can't try and play dumb and say you didn't know. Ignorance of the law is not a defense. If you do get sued it won't be for what you made on the cake it will be for thousands of dollars and their legal fees.

Even if the company itself doesn't catch you, just think if you upset a customer or another bakery and they decide to "get even"

indydebi Posted 8 Nov 2010 , 3:05pm
post #3 of 12

If you could read every single thread on copyrighted images, you'd find that many CC'ers *have* obtained permission to use the image. It's sometimes hard to remember that we shouldn't assume all cakes posted are sold, or that all cakes posted were made w/o permission.

kristanashley Posted 8 Nov 2010 , 3:37pm
post #4 of 12
Quote:
Originally Posted by mayo2222

Most of the cakes you see were probably done for family or were done for free. There is probably a good chunk that got a license so they could sell their cake and probably/hopefully only a handful that are selling trademarked character cakes without a license.

http://boingboing.net/2005/06/16/copyright-cops-crack.html

Its not worth it, because you can't try and play dumb and say you didn't know. Ignorance of the law is not a defense. If you do get sued it won't be for what you made on the cake it will be for thousands of dollars and their legal fees.

Even if the company itself doesn't catch you, just think if you upset a customer or another bakery and they decide to "get even"




I'm not trying to sell a copyrighted character. I wasn't trying to start another heated thread about copyrights. I was just wondering (out of curiosity) if anybody has ever gotten in trouble over a copyright, and what the consequences were.

kristanashley Posted 8 Nov 2010 , 3:43pm
post #5 of 12
Quote:
Originally Posted by indydebi

If you could read every single thread on copyrighted images, you'd find that many CC'ers *have* obtained permission to use the image. It's sometimes hard to remember that we shouldn't assume all cakes posted are sold, or that all cakes posted were made w/o permission.




I didn't mean to sound accusatory. I know a ton of people on cc are hobby bakers, and I am sure that most people aren't breaking any laws. I was just reading a thread earlier that peaked my curiosity. Though, now that I think about it, I doubt anyone who has gotten in trouble over a copyright will want to drag those skeletons out of the closet...

indydebi Posted 8 Nov 2010 , 3:57pm
post #6 of 12

No, no, no, I didn't think you sounded accusatory at all. Your post sounded like you were confused about "if it's illegal, why do I see all of these cakes on here?", which is a frequent question that pops up now and then on this site. I just wanted to be sure that you were aware not all cakes were sold and not all copyrights were done "on the Q.T." thumbs_up.gif

My fault if I misread your question and if my answer sounded like a reprimand .... that was totally not my intent. icon_redface.gif

CakeInfatuation Posted 8 Nov 2010 , 3:58pm
post #7 of 12

Quite frankly... I avoid copyrighted cakes as much as I can. It truly gets difficult when people want to match a theme for a baby shower or Birthday party, bedding, favorite sports team, etc etc etc... It's always something or other... Copyrights are all over the place. And whenever someone posts a cake and says "my client asked me to match"... you can almost be certain there's some sort of copyright infringement.

And quite frankly... I KNOW of a LOT of commercial bakeries, home bakers, and FAMOUS cakers that make cakes with copyrighted images and DO NOT have permission AND they were sold. I KNOW this. I'm not guessing... It's fact.

What does it boil down to? If you want to take the risk... don't be surprised if something happens. YES you CAN do it! YES you CAN get away with it. BUT you might not. IF you choose to take the risk. Be prepared to accept the consequences.

That's basically all it boils down to. There are certain copyright holders that I DO NOT want to take chances with. You couldn't pay me enough to get me to risk my business, livelihood, and my home.

I do know "OF" but do not know directly anyone that was caught.

-K8memphis Posted 8 Nov 2010 , 4:05pm
post #8 of 12

KA--in some cases the consequences can be severe. They usually are if it gets to trial because lawyers weigh the pros & cons & go for the jugular y'know if they're gonna spend time on all that. What about that chick that used the songs off the internet that has been in the news recently she's gotta pay millions for a few songs or something? But she's appealing...Apples and oranges ish but severe.

Sometimes you might just get a cease & desist letter which would be pretty cool in the getting off easy department but if they go after yah woe is you.

I heard of a school getting whacked for using Disney stuff and a bakery lost thier shirt and most of their future clothing for ages to come.

It totally happens. They want a deep pocket to dig into but they're not above making a statement with your bloody beaten carcass.

I've tired to google some of these cases and can't find them But I've read newspaper accounts as they were reported at the time so...

indydebi Posted 8 Nov 2010 , 4:15pm
post #9 of 12

day care center use of disney murals: True per Snopes.com
http://www.snopes.com/disney/wdco/daycare.asp

bakery refuses to do copyright images:
http://www.boingboing.net/2005/06/16/copyright-cops-crack.html

Vuitton tells caker to stop making purse cakes:
http://www.dailyrecord.co.uk/news/scottish-news/2009/02/25/vuitton-s-ban-on-bun-bag-86908-21151047/

See costumeczar's post on page 3 where Nickelodeon said "no way!"
http://cakecentral.com/modules.php?name=Forums&file=viewtopic&p=6666609#6666609

tracycakes Posted 8 Nov 2010 , 5:16pm
post #10 of 12

I HAVE lost business because I won't make copyrighted images. I suggest that we make a cake in the design, theme, colors, etc of the cake but the actual images need to be toys or cake toppers. Sometimes they agree, but most go to another local bakery in town that will make them.

I even had someone call wanting a Barney cake. I gave them my normal blah, blah, blah about copyright and they got ticked off. "Well, xxx bakery will do it but they just don't have time". then they practically hung up on me.

I just hate to get these calls anymore.

CakeInfatuation Posted 8 Nov 2010 , 9:37pm
post #11 of 12

I've lost several orders because of it as well... It is what it is... But it does stink to say "no" and be well aware that they can and likely WILL go elsewhere and never hear boo about copyrights.

MamaD77 Posted 8 Nov 2010 , 10:27pm
post #12 of 12

Indydebi, the vuitton story is about my local cake studio, in my very town!!

They're still making all the big brand stuff. Lesson learned? I think not.

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