I got an order request yesterday for a licensed image cake. I did research and there are very limited edible images or decopak items to be purchased for this character. However, there are paper plates, cups, bookmarks, etc. at the party supply store. I cannot see any reason why I cannot carefully cutout these images and "glue" them onto fondant plaques, do you? Since the images are purchased this would not be any different than using a purchased toy would it? I would just tell the customer that the plaques are for decoration only and have them remove them from the cake before serving.
Also, is it permissible to post pictures on my website and labeling them something like "(insert licensed character name here) Cake with purchased licensed image" so that no one would confuse me with a copyright infringer? Or, should I just not use the copyright name at all in my post? Since my cake would have been following the law, I should be okay with posting the pictures on my website, correct?
As long as the items you buy are licensed and you are using the original items instead of copying them, you should be OK.
I don't see a problem with labeling the picture as you've described.
Yrs ago I was told by 'pro' decorators that this was o.k. but...... I have no idea how/why they came to that conclusion. I did a few over the yrs before frosting images/sheets came into vogue.
Yrs ago I was told by 'pro' decorators that this was o.k. but...... I have no idea how/why they came to that conclusion.
It's because of the First Sale Doctrine, which says that if you purchase a copyrighted work (like a licensed Mickey Mouse decopac or figurine) you are allowed to sell or transfer that product to someone else without the permission of the copyright owner.
You do still require permission to sell or transfer copies of the product/image (i.e. tracing a Mickey Mouse image with frosting or sculpting Mickey Mouse in fondant) to someone else.
Thanks Jason_Kraft! I was hoping you would reply as I respect your judgment. I thought it was okay but thought I would ask.