Okay so i was just checking out the website for one of our local bakeries and they have all these cakes that are not the deco pack but using the names of all these products.. Bud Light cake, hello kitty, crown royal, what the heck?...Guess that will be the advantage they will have over me when I finally get my home based bakery open. How can they do this?
Well, they've either A - called all the companies and have gotten permission to use the names or B - are using them illegally. How can they do this... only because so far they haven't been caught.
Just guessing.
yeah they are a fairly new company...i'm guessing just not been caught yet. I wonder if they even know what they are doing is wrong?
Eh. Probably not.
Ignorance is bliss!
But not a legal defense!
Have you seen this thread that was posted this morning about an Atlanta-based planner?
http://cakecentral.com/cake-decorating-ftopict-709152.html
Personally, I think they have got to know they're not supposed to use these copyrighted images. They're probably just figuring that no one will turn them in.
I've been questioning this myself lately. I am fans of quite a few bakeries on Facebook, and very often they post pictures of cakes with copyrighted images. I don't know how they are getting away with it, and they seem like pretty well-established places.
I'm a fan of one page that has over 14,000 fans and they post cakes with Hello Kitty, Mickey Mouse, Louis Voutton, The Little Mermaid...just to name a few! Now I know that some people will get permission for images, but I was under the assumption that Disney does NOT!
Am I missing something here?
Joyfullysweet, I guess they are just calculating the risk against the sales. In the end, we have to do what we think is right, regardless of what goes on around us.
I'm a fan of one page that has over 14,000 fans and they post cakes with Hello Kitty, Mickey Mouse, Louis Voutton, The Little Mermaid...just to name a few! Now I know that some people will get permission for images, but I was under the assumption that Disney does NOT!
Am I missing something here?
It is possible to buy the rights to use copyrighted images isn't it? ie whenever you sell something with that image on it you give some money to the company who owns the copyright... maybe I'm wrong? Obviously you would have to have permission to buy the copyright in the first case but as far as I am aware it is possible in some countries at least. I cant imagine Louis Voutton would allow their images/logos etc to be used on cakes though because it would (presumably) be seen as devaluing the brand image.
I might be way off on this whole post, sorry if I am.
In relation to the op I would go with the other posters and say either they havent thought about it and are not consiously breaking the law or they are doing it and think they'll not get caught.
I don't see how in this day and age of sue happy people how anyone could be unaware of copyright infringement. I have done some of these cakes for close family and friends, but I would never dream of selling a cake with these images. But there are those that honestly don't think they will get caught. "Oh, who is going to notice my little bakery", sort of thing. I think they are taking a huge risk though. One lawsuit could wipe out a bakery. Not the sort of thing I would be willing to risk if I was a bakery owner.
Edited to add: And as Debi stated...ignorance of the law is no excuse.
I know there is a bakery about 45 minutes away from me that I watch on Facebook and they have lots of cakes with copyrighted images - it really bothers me! I have a problem with my email some but plan on emailing them just to make sure they understand the risk they are taking - they are talented and would hate for them to lose their business because of something like this! If they are aware then it is obviously up to them.
It makes it sooooo hard on those of us who want to follow the law and not do those cakes!
When I had my bakery I don't know how many orders I lost because I could/would not do copywrite things!
When you have a mom wanting Spiderman or Hello Kitty or Micky for little kiddo and you tell her it's not possible because of copywrite laws she gets all upset and tells people XYZ bakery(you) wouldn't do what I wanted when I see on the internet many other places doing it
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