Seriously Confused Hobbyist

Business By charmed1212 Updated 7 Aug 2012 , 1:31am by kiki25

tryingcake Posted 25 May 2011 , 7:47pm
post #31 of 48

We all agreed to that from the beginning. Many people don't understand the difference between home use and not charging or not making a profit. That's was my point from my first post before we were all forced into a tangent.

You can use/make an image for HOME USE. You cannot charge. You cannot cover your costs. You cannot leave your home with said design. You cannot carry it to your niece's birthday party at your sister's home, your Dad's retirement party at the lodge or carry it to the location of your own son's bar mitzvah. You cannot post it online. It cannot leave your home. Period.

At one time it did state immediately family only - that has obviously changed since I looked it up a few years ago. So make it for your second cousin twice removed - for the party being held at your house because it cannot leave your home.

Pretty easy, really. Have a hay-day!

jason_kraft Posted 25 May 2011 , 9:14pm
post #32 of 48
Quote:
Originally Posted by tryingcake

You can use/make an image for HOME USE. You cannot charge. You cannot cover your costs.



I'm with you there.

Quote:
Quote:

You cannot leave your home with said design. You cannot carry it to your niece's birthday party at your sister's home, your Dad's retirement party at the lodge or carry it to the location of your own son's bar mitzvah. You cannot post it online. It cannot leave your home. Period.



Not so much here. "Home" use does not mean the item in question cannot leave your home, it just means personal/non-commercial/individual use. You can bring a cake with Disney characters on it wherever you like as long it is for a personal event (not a business event or fundraiser) and you do not accept compensation for the cake.

Are you reading this into the terms of use for Disney web sites, or the general copyright guidance from Disney I posted earlier?

karateka Posted 25 May 2011 , 9:47pm
post #33 of 48

I get about 3 or 4 calls a month from someone wanting a Mickey Mouse birthday cake. When I explain that I cannot replicate Mickey but will put a pre-purchased Mickey toy on the cake and decorate it with complementary colors, they always ask (again) why I can't do the Mickey ears or Mickey himself. I refer to copyright again, at which point they thank me, tell me they will consult their spouse, and hang up.

I NEVER hear from any of them ever again. Wonder why? icon_twisted.gif

charmed1212 Posted 25 May 2011 , 10:14pm
post #34 of 48

Thank you all for the responses. icon_smile.gif I always hate when you have to hire a lawyer to decipher most of the stuff that these companies post. lol

I do appreciate the healthy discussion about what qualifies you to be able to have the permission to use the characters. It never even crossed my mind that it would be illegal. I guess it is not something that I think of.

charmed1212 Posted 25 May 2011 , 10:16pm
post #35 of 48

HAHAHA karateka! I am sure they go somewhere else and someone makes it for them, but if they are anythign like me, they probably do not know better. We shall give them the benefit of the doubt. icon_smile.gif

I guess I just always saw it as free advertisement. lol

mkolmar Posted 26 May 2011 , 12:17am
post #36 of 48

My uncle works for Disney and I have a friend who worked in their bakery for 20 years. They are crazy strict about any of their images being used. You can not use them for sale. HOWEVER, you can use them for home use and home use only. Altering the image so Disney won't come after you doesn't work either. You can make Flounder purple and it won't matter. If it's recognizable as a Disney character you can get busted. There is a large team of people who's job is to just find those using their images.

karateka Posted 26 May 2011 , 12:23am
post #37 of 48
Quote:
Originally Posted by mkolmar

My uncle works for Disney and I have a friend who worked in their bakery for 20 years. They are crazy strict about any of their images being used. You can not use them for sale. HOWEVER, you can use them for home use and home use only. Altering the image so Disney won't come after you doesn't work either. You can make Flounder purple and it won't matter. If it's recognizable as a Disney character you can get busted. There is a large team of people who's job is to just find those using their images.




I believe I talk to them often.

indydebi Posted 26 May 2011 , 10:20am
post #38 of 48
Quote:
Originally Posted by charmed1212

I guess I just always saw it as free advertisement. lol


A lot of people think this but one of the key issues in the copyright arena is maintaining the integrity of the copyrighted character. Also, I believe copyright law requires the copyright owner to pursue ALL infringements or they lose the right to pursue ANY infringements.

And like the discussions on "sponsored weddings", what is the advantage of the "advertising" to the copyright owner? icon_confused.gif

charmed1212 Posted 26 May 2011 , 2:00pm
post #39 of 48

So with copyrights it is all the way or none. Make sense, just not something most people think about, you know.

crazygrammie Posted 5 Aug 2012 , 2:44am
post #40 of 48

and yet you can find any number of mickey cakes in the CC gallery

jason_kraft Posted 5 Aug 2012 , 3:08am
post #41 of 48
Quote:
Originally Posted by crazygrammie

and yet you can find any number of mickey cakes in the CC gallery



Many of which are copyright violations. Unfortunately the "everyone else is doing it" defense usually doesn't work so well.

cakecraving Posted 5 Aug 2012 , 9:49pm
post #42 of 48

Ok I made a Mickey cake for a niece / nephew party. Free I don't sell my cakes. Am I understanding I am not supposed to post the photo.

jason_kraft Posted 5 Aug 2012 , 10:52pm
post #43 of 48
Quote:
Originally Posted by cakecraving

Ok I made a Mickey cake for a niece / nephew party. Free I don't sell my cakes. Am I understanding I am not supposed to post the photo.



If you used one of the Wilton cake pans that say for home use only you are OK. If you copied Mickey's image freehand without Disney's permission the cake is infringing Disney's copyright (even if you didn't sell it) so I would advise not posting pictures of the cake publicly.

cakecraving Posted 5 Aug 2012 , 11:29pm
post #44 of 48

Oops thanks

experimenting Posted 6 Aug 2012 , 3:35am
post #45 of 48

Great information! Thank you!
At the risk of sounding stupid, I have a few more questions:
What about images other than the characters?
For example, a mystery machine cake but with scooby doo cake toppers or toys?
A Captain America SHIELD cake but with a Captain America cake topper?
I've done both, NOT for money, but would like to know for future info. :/

jason_kraft Posted 6 Aug 2012 , 3:38am
post #46 of 48

Any original character, logo, or other art that was created by another individual or business is protected under copyright, and you cannot copy that art without the permission of the copyright holder.

Buying a licensed topper and using that in a cake is fine (even if you are selling the cake) since you are not copying the art, you are purchasing a product authorized by the copyright holder.

experimenting Posted 7 Aug 2012 , 12:33am
post #47 of 48

Thank you! icon_smile.gif

kiki25 Posted 7 Aug 2012 , 1:31am
post #48 of 48

This is a very interesting read...I've seen multiple pictures of Minnie/Mickey Ears on top of cakes, purse cakes, designer shoes, Tiffany boxes and what not on this site alone. So, all of those examples are forms infringement if the decorator did not get permission...wow. Hope everyone is filing the proper paperwork =)

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