Copywrite Laws For Cake Photos

Business By ConfectionsCC Updated 22 Nov 2010 , 3:48am by homebasedbaking

ConfectionsCC Posted 17 Nov 2010 , 7:16pm
post #1 of 16

I have a picture posted of a purse cake I made. Will someone please look at it and see if it is allowed legally? I am looking into getting permission from the brand to post photos with out having to blur it...Not familiar with these laws!!!

15 replies
jason_kraft Posted 17 Nov 2010 , 7:23pm
post #2 of 16

You'll need permission from Juicy Couture to use their logo in a commercial product, when you talk to them I wouldn't say that you've already made and sold the cake (they probably wouldn't be too happy about that) but ask in the future tense. I wouldn't even post pictures of it blurred until you've obtained permission, since you can still tell what it is.

BTW it's "copyright". Copyright law covers any creative work made by someone else, including logos and characters (even outside the US).

ConfectionsCC Posted 17 Nov 2010 , 7:26pm
post #3 of 16

I haven't sold the cake!!!!! The cake was a free cake for my sister!! All of my cakes are for friends and family! Does that make a difference???

jason_kraft Posted 17 Nov 2010 , 7:29pm
post #4 of 16

If you didn't accept any compensation for the cake you should be OK, but I still wouldn't post it on a public web site before obtaining permission from the copyright owner, especially in the context of a cake business site. If you made a separate web site to highlight cakes you've made for fun (with no mention of your business) you would be safer.

ConfectionsCC Posted 17 Nov 2010 , 7:35pm
post #5 of 16

So my blog site should be okay then? I have a blog where I can show friends and family my projects..

jason_kraft Posted 17 Nov 2010 , 7:37pm
post #6 of 16

If you are referring to the blog you have linked in your profile, you would be OK if you took out any mention of your business (or you could just not include the copyrighted cakes until you get permission). When reading your blog I had assumed that all the cakes listed were sold, since you mention that you are "working from home" and hope to see your business grow.

ConfectionsCC Posted 17 Nov 2010 , 7:39pm
post #7 of 16

Thank you so much!! I did take out that I am trying to start a business icon_smile.gif and still trying to get information on how to get permission for the cakes I have!! Been in a panic today reading about people who got sued!!!

costumeczar Posted 18 Nov 2010 , 2:16am
post #8 of 16

I've gotten permission in the past from people to use their logos, but they usually do NOT want you to use the photos in any advertising or websites. Even if they give you permission to make it doesn't mean they want you to post it online, so you should check about that, too.

ConfectionsCC Posted 18 Nov 2010 , 4:20pm
post #9 of 16

Ok, thanks, will do! Waiting on Juicy Couture to contact me back still! How long does this process usually take??

costumeczar Posted 18 Nov 2010 , 7:26pm
post #10 of 16

Totally depends on who answers the email and who gets around to answering it!

ConfectionsCC Posted 18 Nov 2010 , 8:39pm
post #11 of 16

Juicy loved my cake!!! They gave me permission and is sending me a thank you for doing a good job on the cake and being a Juicy fan!! I am so happy and excited! That phone call made my day! icon_biggrin.gif

costumeczar Posted 18 Nov 2010 , 8:53pm
post #12 of 16
Quote:
Originally Posted by ConfectionsCC

Juicy loved my cake!!! They gave me permission and is sending me a thank you for doing a good job on the cake and being a Juicy fan!! I am so happy and excited! That phone call made my day! icon_biggrin.gif




That's awesome!

pinkbutterfly Posted 21 Nov 2010 , 1:40am
post #13 of 16

i am a hobby decorator and make cakes for family and friends as gifts. I have posted some here in my profile. some are character cakes. am i breaking copyright laws?

costumeczar Posted 21 Nov 2010 , 1:48am
post #14 of 16

As long as you own the photo the worst that could happen is some company telling you to take them down. I doubt they'd bother as long as you're not selling them. If you're using someone else's photos that's a violation of copyright, but that wouldn't have anything to do with what's in the picture, but just the fact that you're using pictures that you don't own.

pinkbutterfly Posted 21 Nov 2010 , 1:59am
post #15 of 16

Thank you!!1

homebasedbaking Posted 22 Nov 2010 , 3:48am
post #16 of 16

You may want to create "Permission to Use Form"

Here is a sample one...don't use this one since it does not cover all of the information needed and you may want to invest just a bit to have it legally drafted so you are protected. Hope this is helpful. It really does pay to get written permission to use a logo, photo etc that was not created by you or your company.

SAMPLE USE OF LOGO PERMISSION [Form]


The following sample memorandum may be used for obtaining clearance for an outside organization the use of _______________ seal, emblem, insignia or logo.

NOTE: Use of the _______________ emblems or logos is subject to legal review and clearance in accordance with your offices policies and procedures.

[date]

MEMORANDUM FOR:  [name of agency head]
[title]
[name of agency]

Your Name
General Counsel [If applicable]


FROM:      [name and title of agency contact/advocate for outside use]

SUBJECT:      Request for Permission to Use Official [name of agency] Emblem

This is a request for permission by an outside organization, namely [name of outside entity] to use the [name of agency] emblem. [Provide one or two paragraphs on nature of outside organization and their proposed use of agency emblem]


Recommendation

Accordingly, permission is sought under the ______________________ to enable [name of outside organization] to use the [name of agency] emblem as it has proposed. If you approve, please sign below where appropriate. Please be assured that this permission does not extend beyond this individual use.

_______________________________________________     
[Name of designee]      Date
[Title]

_______________________________________________
Name                Date
General Counsel for

Quote by @%username% on %date%

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