Copyrights?

Decorating By bellaudreycakes Updated 14 Jan 2011 , 8:27pm by Cheriepie

bellaudreycakes Posted 13 Jan 2011 , 5:16pm
post #1 of 19

I know this topic has probably been brought up alot but I just want to make sure I understand the rules. As a home/hobby baker I would do BCT all the time with Bratz girls, Mickey mouse etc, also do characters in fondant, but legally if I were to open a bakery I would not be able to do that? It seems to me alot of bakeries do this, what happens if they get caught? Who would catch them??? Also does this mean the same for football teams and logos?

18 replies
brincess_b Posted 13 Jan 2011 , 5:40pm
post #2 of 19

you can not sell anything that is copyrighted by someone else - like brats etc.
lots of people do do it, and sell them. lots dont get caught. some do - then it usually a case of fines. and dont be fooled, disney will destroy you to protect their image! it also applies to team logos too.
you can write to the holder of the copright and they can allow you to use the image, usually as a one off.
xx

genevieveyum Posted 13 Jan 2011 , 5:55pm
post #3 of 19

Believe me- it's like speeding. You're not likely to get caught, but when you do, the fines are outrageous!!!

Cheriepie Posted 13 Jan 2011 , 7:01pm
post #4 of 19
Quote:
Originally Posted by jschilt1

I know this topic has probably been brought up alot but I just want to make sure I understand the rules. As a home/hobby baker I would do BCT all the time with Bratz girls, Mickey mouse etc, also do characters in fondant, but legally if I were to open a bakery I would not be able to do that? It seems to me alot of bakeries do this, what happens if they get caught? Who would catch them??? Also does this mean the same for football teams and logos?



I actually know a lady who worked at an Albertsons in DFW area. The store drew copyrighted items on their cakes all the time. They were fined, yes more than once. The third time the store was fined $10,000 and she was also fined $500. That was an expensive lesson. Even if you are decorating without a business license, if you are selling a copyrighted item, it applies to you. You may never get caught but my friend never thought she would. It applies to alot of things that you never would think of... look for the copyright logo on napkins next time that you are in a store.

leily Posted 13 Jan 2011 , 7:19pm
post #5 of 19
Quote:
Originally Posted by jschilt1

but legally if I were to open a bakery I would not be able to do that?




It doesn't matter if you "legally" open a bakery or not. If you're selling copyrighted characters or team logos or company logos then it's illegal, unless you get their permission to recreate the item. College and sport teams seem to be fairly open to the idea (sometimes its only a one time use thing and others you pay a yearly fee and then they get a percentage of your sales)

bellaudreycakes Posted 13 Jan 2011 , 7:46pm
post #6 of 19

Thanks for the info! Is it hard to get the permission to use their copyrights? So if I make a cake with say a local high school football team logo I would need to call the school and ask permission?

leily Posted 13 Jan 2011 , 7:55pm
post #7 of 19
Quote:
Originally Posted by jschilt1

Thanks for the info! Is it hard to get the permission to use their copyrights? So if I make a cake with say a local high school football team logo I would need to call the school and ask permission?




It all depends on who it is on how hard or easy it is to get permission. Whoever you get permission from though GET IT IN WRITTING on their letter head or in an email from someone there (and not a hotmail, gmail, etc... account, an email with that place of business or school name in the email address)

But yes, legally you should contact the school to get permission, some do have copyrighted logos (some are generic, but you never know who is and isn't)

bellaudreycakes Posted 13 Jan 2011 , 9:14pm
post #8 of 19

ok so for this type of cake done by an obviously wonderful cake artist would be illegal to do without permission?

http://cakecentral.com//gallery/70369

mandyloo Posted 13 Jan 2011 , 9:35pm
post #9 of 19
Quote:
Originally Posted by jschilt1

ok so for this type of cake done by an obviously wonderful cake artist would be illegal to do without permission?

http://cakecentral.com//gallery/70369




Yes, to the best of my knowledge, unless the caker left off the Dora/Boots/Swiper and the person who purchased the cake bought Dora and Pals and put it on the cake themselves.

vtcake Posted 14 Jan 2011 , 12:22am
post #10 of 19

And if the baker made the Dora cake for a family member for free then she's ok.

poohsmomma Posted 14 Jan 2011 , 1:43pm
post #11 of 19

That Dora cake shown by jshcilt1 above...
If the Dora figures had been toys purchased and placed on the cake, would that have been okay?

Cheriepie Posted 14 Jan 2011 , 2:17pm
post #12 of 19

I work for a bakery supply distributor. When we buy "dora" we buy the right to reproduce her one time, or for that "kit" only. That is why they charge more for copyrighted kits than they do for something like "basketball".
Wilton makes character pans, intended for the home decorator to make for their family, not intended to resell that character for a profit. Sometimes you run across a professionally taken photo. There is a release form that the photographers are familiar with, to allow you to reproduce that photo, only for the purpose of putting it on a cake.
If you want to be in compliance... the best way is to make the cake without the figurines and have your customer buy them and put them on, or buy them and put them on yourself, since when you purchase the "kit" you have the right to use it on a cake, just like the grocery stores, business license or not. thumbs_up.gif

dchockeyguy Posted 14 Jan 2011 , 2:54pm
post #13 of 19

It's interesting to note here that while people have talked about characters, logos, etc, the same can actually be said for people who do Coach and other brand name purses, like Loius Vitton (Not sure I spelled that correctly). I remember a couple of years ago at our cake show Michelle Baumarito was talking about her purses. She used to make the LV purses all the time and had pictures on her website. She finally got a "Cease and Desist" letter from LV about her cakes!

TattooMom25 Posted 14 Jan 2011 , 3:37pm
post #14 of 19

I was reading this topic to my huband (tattoo artist) and his mouth dropped open "So what about all the images I do? The looney toons, mickey mouse, and such? Could I be sued?" Never even crossed my mind.
I had in mind to do a Spongebob cake for my son's 3rd bday. From what I am reading this is fine b/c I am not selling it. BUT if this was for a client I would be forced to buy plastic figures and not created my own from edible materials to be within the law?

leily Posted 14 Jan 2011 , 4:37pm
post #15 of 19
Quote:
Originally Posted by TattooMom25

I was reading this topic to my huband (tattoo artist) and his mouth dropped open "So what about all the images I do? The looney toons, mickey mouse, and such? Could I be sued?" Never even crossed my mind.
I had in mind to do a Spongebob cake for my son's 3rd bday. From what I am reading this is fine b/c I am not selling it. BUT if this was for a client I would be forced to buy plastic figures and not created my own from edible materials to be within the law?




you're correct on the spongebob cake. you can recreate it for free (no compensation what soever for someone, no gift cards, no bartering, nothing received in return) A client or you would need to purchase the cake "kit" or a spongebob toy to place on the cake if you were selling it.

As for your husband, yes it is possible to get sued since he is re-creating a copyrighted image unless he has written permission from the copyright holder.

bellaudreycakes Posted 14 Jan 2011 , 8:17pm
post #16 of 19

ok so I know that its illegal to do these character cakes and sell them, but how would anyone ever find out if you don't put the pics on your website or advertise it in the store? By the time the customer pics up the cake and eats it, it would be within hours how would there be any proof? And how would they know if maybe you didn't give that cake away for free? I'm not saying its right to do business this way, I just don't see how people get caught?

indydebi Posted 14 Jan 2011 , 8:24pm
post #17 of 19
Quote:
Originally Posted by jschilt1

ok so I know that its illegal to do these character cakes and sell them, but how would anyone ever find out if you don't put the pics on your website or advertise it in the store? By the time the customer pics up the cake and eats it, it would be within hours how would there be any proof? And how would they know if maybe you didn't give that cake away for free? I'm not saying its right to do business this way, I just don't see how people get caught?


Ok, so I know its illegal to sell pot, but how would anyone ever find out if I didn't advertise it? by the time the customer picks up the pot and smokes it, it would be within hours and how would there be any proof? I just dont' see how people get would get caught.

Uh-huh. icon_confused.gif

The person who calls asking you for a Mickey Mouse cake MIGHT work for Disney. Yes, they do that. Disney has a whole dept of people whose job is to do nothing but find copyright violations.

See, under the law they must pursue ALL copyright violations or they eventually lose the right to pursue ANY copyright violations.

bellaudreycakes Posted 14 Jan 2011 , 8:26pm
post #18 of 19

very true! Was just curious not sayin I would run a business that way. icon_wink.gif

Cheriepie Posted 14 Jan 2011 , 8:27pm
post #19 of 19

Now That's Funny!!! Thanks, you made my day. icon_lol.gif

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