Copyright??????

Decorating By browneyedlana Updated 5 Jul 2011 , 10:58pm by jason_kraft

browneyedlana Posted 1 Jul 2011 , 12:50am
post #1 of 11

I want to post a cake with a movie inspired theme but read on here somewhere ,something about copy infringement or something of that nature.How do I post this cake without doing anything wrong? icon_smile.gif

10 replies
costumeczar Posted 1 Jul 2011 , 1:51am
post #2 of 11

Copyright infringement is only an issue of you sold the cake. If it was something you made for personal use then it isn't a problem, as far as I know. Although some people who own certain copyrights might disagree.

I do know that some sports teams that I have licenses from tell me that I can do cakes with their logos, but I can't use them in any advertising or on my website, so if you're really nervous about it then just don't post the photos.

scp1127 Posted 1 Jul 2011 , 2:37am
post #3 of 11

Copyright and trademark infringement take place even if there is no compensation. With compensation, the award is higher, but in both cases, it is a violation.

browneyedlana Posted 1 Jul 2011 , 5:41am
post #4 of 11

thanks for the info.I noticed folks had already posted lots of cake with the same theme so I went ahead and uploaded.I figured if there are tons of them then there would not be an issue with mine.

scp1127 Posted 1 Jul 2011 , 6:12am
post #5 of 11

Absolutely not true. The lawyers comb the internet by googling (or any other) the item or image. If there are more, then they will get all at the same time. The problem for you on the web is that now your photo is cached forever. You could get the summons two years from now. Check out the thread today on the baker that got caught. This is a rapidly growing specialty for attorneys with fairly low time commitment to prosecute.

crushed Posted 1 Jul 2011 , 12:59pm
post #6 of 11

scp1127 - What thread are you referring to?

airedalian Posted 1 Jul 2011 , 1:04pm
post #7 of 11

This the the thread she means.

gatorcake Posted 1 Jul 2011 , 1:23pm
post #8 of 11
Quote:
Originally Posted by browneyedlana

thanks for the info.I noticed folks had already posted lots of cake with the same theme so I went ahead and uploaded.I figured if there are tons of them then there would not be an issue with mine.




Should not rely on what other people are doing. That they are unaware of their infringements does not make it okay for you. If you are the one that is caught, you cannot use the defense "I saw other people do it so I thought it was okay." Awareness of the law does not matter and what other people do does not matter. . . it may influence the damages but will not protect you from legal action.

browneyedlana Posted 5 Jul 2011 , 10:21pm
post #9 of 11

I am sure that my cake is not even recognizable as anything copyrighted anyway LOL I just pu on there inspired by the movie and character maybe that was ok.i dont know it is not as if I am advertising nor selling it was just a friends kid's cake.

cakegrandma Posted 5 Jul 2011 , 10:44pm
post #10 of 11

Your photo immediately says what it is and I myself would consider it an infringement of the movie tangled. I recognize immediately what it was and so would any attorney from Disney looking for these things. You are not allowed to duplicate a licensed character, logo or whatever as the owners of them want to insure that the integrity is preserved. This is why the character pans are for home use anyway as they owners of the license do not get the royalties they are due. You can make it for your family but, can not make one for a customer. If they give you the ingredients to make the cake you still can be fined.
evelyn

jason_kraft Posted 5 Jul 2011 , 10:58pm
post #11 of 11
Quote:
Originally Posted by cakegrandma

Your photo immediately says what it is and I myself would consider it an infringement of the movie tangled.



I'm not so sure...unless the cake copies a still from the movie (I didn't recognize any stills with that configuration in a quick image search) I think OP should be OK, except for the fact that she uses "Tangled" in the description of the cake (I would rename it ASAP).

Rapunzel is in the public domain and your own take on the character does not infringe copyright.

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