Copyright - Agreement Or Obtaining A Copyright-Free Snapshot

Business By Panel7124 Updated 10 Sep 2011 , 4:59pm by Panel7124

Panel7124 Posted 10 Sep 2011 , 12:33pm
post #1 of 8

A made a couple of cartoon character cookies for my kids to eat at home while making cookies for a client's order. Kids brought them to their friend's birthday party this week, her mum liked them and asked me if I can make them on a regular basis for her newly opened licensed Disney items shop. She sells toys and children's clothes only but wants to give them to her clients as something extra as she is starting her business and wants to get new clients. I had asked her about copyright issue, but she didn't know as she gets all the items from the wholesale already 'copyrighted'. I did a research on-line but only general information came out.

http://www.cakedecoratingwithdonna.com/index.php?option=com_content&view=article&id=309:copyright-law-regarding-cakes&catid=167:public-articles&Itemid=114
http://www.facebook.com/note.php?note_id=337489550324
http://boingboing.net/2005/06/16/copyright-cops-crack.html

also this one that made me laugh: http://blog.mises.org/3727/copyright-and-birthday-cakes/ 'When I was little, my mom used to bake cakes for us for birthdays and holidays. I think that, to be safe, I need to find those old albums and burn the photos of those cakes, then also search my hard drives just in case the prints have been scanned. Finally, I will contact my doctor to make sure that no molecule of the cakes has made its way to my neurons. If so, then I shall need a lobotomy.' icon_lol.gif

I would really like to know WHERE EXACTLY to ask how to get a specific licensing agreement with the licensor, how much would be the royalties or HOW and WHERE obtain copyright-free snapshots - as this seems to be the only legal way to sell anything copyrighted - on cakes, cookies or cupcakes (just to know how much should be paid for a single item and if it would make sense financially). I can get character copyrighted figures (cake toppers) but that's not what I'm looking for. Who knows more about this issue - thanks for your replies!

7 replies
cakegrandma Posted 10 Sep 2011 , 1:42pm
post #2 of 8

After much discussion on this site, you can email the specific entity to see if they will allow you to reproduce the particular licensed object you are wishing to do. I believe I have read that some colleges give permission but I also think it was only for that one time, not on a continues basis. I am just about 100 % sure that Disney will not give you any permission at all. In fact, if rumor is true and probably is, they have personnel that peruse the net to find those that are reproducing their characters. That includes anything they make like just a mouse eared cap and you can not make the figure in different colors either. As long as it is determined just by looking at them it is one of theirs, they pursue lawsuits or cease and desist.
evelyn

cakegrandma Posted 10 Sep 2011 , 1:42pm
post #3 of 8

After much discussion on this site, you can email the specific entity to see if they will allow you to reproduce the particular licensed object you are wishing to do. I believe I have read that some colleges give permission but I also think it was only for that one time, not on a continues basis. I am just about 100 % sure that Disney will not give you any permission at all. In fact, if rumor is true and probably is, they have personnel that peruse the net to find those that are reproducing their characters. That includes anything they make like just a mouse eared cap and you can not make the figure in different colors either. As long as it is determined just by looking at them it is one of theirs, they pursue lawsuits or cease and desist.
evelyn

ConfectionsCC Posted 10 Sep 2011 , 2:00pm
post #4 of 8

I have a question along the same lines....Is the customer allowed to purchase say a Disney toy, and use it on the cake that a decorator has made and sold to them? And will that decorator get into trouble if they take pictures of the cake with the characters on them?? I have successfully gotten permission from companies like Juicy Couture to use their purse as inspiration for cakes, they were very nice...Coach DID NOT like the idea..they said I can make it and take photos...but I was not allowed to use the photos online in any way :-/ I can't wait to read more responses!

kakeladi Posted 10 Sep 2011 , 2:14pm
post #5 of 8

............Is the customer allowed to purchase say a Disney toy, and use it on the cake that a decorator has made and sold to them............

Short simple answer: YES, there is no problem doing that.

Once a customer purchases a toy/whatever, it's theirs to do whatever they want with EXCEPT resell.
They has paid the copyright fee in the purchase price.

Panel7124 Posted 10 Sep 2011 , 2:22pm
post #6 of 8
Quote:
Originally Posted by ConfectionsCC

I have a question along the same lines....Is the customer allowed to purchase say a Disney toy, and use it on the cake that a decorator has made and sold to them? And will that decorator get into trouble if they take pictures of the cake with the characters on them?? I have successfully gotten permission from companies like Juicy Couture to use their purse as inspiration for cakes, they were very nice...Coach DID NOT like the idea..they said I can make it and take photos...but I was not allowed to use the photos online in any way :-/ I can't wait to read more responses!




ConfectionsCC: what I understood from the first link I posted - you can use copyrighted cake toppers (those with C or R in a circle on the bottom part) that are made from secure materials as they will touch the cake (toys are not necessarily food-safe..?? but I think if you isolate them from the cake in some way - royal icing, fondant 'cushion' that will not be eaten, they could be used). These toppers or toys were already made by somebody who paid the royalties - you did not create them and if the customer wants to add them to the cake at home for a private use - I think it' ok. But I wanted to create new items (like cookies). I would also like to know about purses - that's interesting what you posted.

P. S.: I was also interested in Hello Kitty and friends characters (by Sanrio). Looked at their website:
in FAQ there was a question if you can use images from Sanrio on your website
'cannot give permission to use them, even on personal homepages...'
Other conditions in their Terms and Conditions.. which I can't post here...

costumeczar Posted 10 Sep 2011 , 4:53pm
post #7 of 8

If you're selling anything to anyone with the Disney copyrighted characters on them, you need to be a licensee. They're very hard-core about this, and they don't mess aorund. Here's their licensing information, and yes, they do have a category for bakers. https://www.disneyconsumerproducts.com/Home/display.jsp?contentId=dcp_home_help_help_become_licensee_en&forPrint=false&language=en&preview=false®ion=0

Panel7124 Posted 10 Sep 2011 , 4:59pm
post #8 of 8
Quote:
Originally Posted by costumeczar

If you're selling anything to anyone with the Disney copyrighted characters on them, you need to be a licensee. They're very hard-core about this, and they don't mess aorund. Here's their licensing information, and yes, they do have a category for bakers. https://www.disneyconsumerproducts.com/Home/display.jsp?contentId=dcp_home_help_help_become_licensee_en&forPrint=false&language=en&preview=false®ion=0




WOW! Thanks a lot!

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