Copyright Character Question - Specific Question

Business By andi-g Updated 23 Mar 2012 , 5:25pm by andi-g

andi-g Posted 21 Mar 2012 , 8:24pm
post #1 of 6

What if I make a "themed" cake and then place figurines on the cake. After all I read on this forum, this is ok. Ok, so then the person I give this cake to proceeds to put pictures on facebook. It has copyrighted characters on it, that were purchased at TARGET. Now is it an issue!? AHH, this is so confusing. Help...I do not want to get sued, but everyone tags everyone in pictures. How does everyone go about this. I am a hobby baker and I do not charge (I only do this for fun for family and friends.)

5 replies
Texas_Rose Posted 21 Mar 2012 , 8:51pm
post #2 of 6

As long as the cake was decorated with purchased toys, and not figures that you made, you're fine. You've done exactly the right thing, there's no way you could be sued.

cakemama2010 Posted 22 Mar 2012 , 4:10am
post #3 of 6

I am also under the impression that if you are not charging you can make any cake you want, even copyrighted material, because you are not profitting from the sale of copyrighted characters, logos, etc. They sell character pans and such...they wouldn't if it were illegal to use them for your friends and family.

Texas_Rose Posted 22 Mar 2012 , 4:33am
post #4 of 6
Quote:
Originally Posted by cakemama2010

I am also under the impression that if you are not charging you can make any cake you want, even copyrighted material, because you are not profitting from the sale of copyrighted characters, logos, etc. They sell character pans and such...they wouldn't if it were illegal to use them for your friends and family.




No, the copyright is about protecting the image of the material. The character pans are different, the price you pay for it includes the right to make it for your family or friends but not to sell cakes made with the pan.

scp1127 Posted 23 Mar 2012 , 8:25am
post #5 of 6

Copyright/trademark infringement is not dependent on compensation. But compensation does come into play in the size of the award to the property owner.

andi-g Posted 23 Mar 2012 , 5:25pm
post #6 of 6
Quote:
Originally Posted by cakemama2010

I am also under the impression that if you are not charging you can make any cake you want, even copyrighted material, because you are not profitting from the sale of copyrighted characters, logos, etc. They sell character pans and such...they wouldn't if it were illegal to use them for your friends and family.




See this is what I always thougt. Now upon a little further investigation on my part, I have read this is wrong. So I have stopped even hinting at specific colors and such. I flatly say no to anything that even hints at copyrighted material. All the shows you see on FN get people saying to themselves, "I can do that!" I even volunteer time with a charity and EVERYONE makes these awesome cakes that they donate to hospitals and children with sickness (all with known characters on them.) Thought this was ok, since it is a donation. Nope, wrong again. Glad I have this forum to read this kind of info. THANKS to everyone who has replied to my question! icon_biggrin.gif

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