Now, I am just a hobby baker and I am not here at ALL to discuss the issue of copyright infringement. But I came across something interesting today. I was looking for a Halloween costume for my son and went to the Disney site. Right there on the home page was a gallery of Disney themed first birthday cakes! These were in no mean fantasy cakes or anything-just looked like cute ideas someone had made into confection. Not only was the site celebrating the cuteness of them, they were suggesting everyone else have a try for a Disney first birthday cake!! Now, is Disney so in need of money that they would encourage us to break copyright so they can sue us? I dunno. Just kinda weird....
Copyright infringement occurs when an infringing item is sold or transferred to someone else, or displayed/performed publicly. So if you copy Mickey Mouse for a cake for your own family and no one posts a picture of the cake publicly you should be OK.
Like I said--not here to talk about copyright. I am not trying to make a cake and have people say it is ok. What AM saying, is that Disney--the biggest company of copyrighted character in the world--put on their own site that people make these cakes and "aren't they great!" These are cakes made by someone in their own kitchen and there is a picture and it is on a website. Just kinda weird.
No, Disney is not out of money. You ask a trademark question that cannot be answered without touching on trademark and then you jump on Jason about it. You are not the only person who will read this thread and the general information that Jason shared was pertinent to the discussion.
Yeah, I thought it was strange that OP did not want to discuss copyright in a thread that is all about copyright.
Since Disney is the copyright owner they can do whatever they want with the pictures, and I don't think it's weird that they are encouraging people to make the cakes at home for their personal use, since that is not infringement.
Believe me, they don't need to further encourage people to infringe their characters, there are already enough infringing cakes out there to give Disney a steady income of settlements for a long time.
Ok--so I am a former Disney cast member and I KNOW Disney doesn't need the money--it was a joke. I am not actually trying to have a discussion about anything. I was saying "isn't it interesting!"
I have read sooooo many posts on here about copyright and how people get really touchy about it--and I just didn't want this post to be that. In my original post I even say that I am not here to discuss copyright. I just wanted to share information and no one else seems to be taking it that way. So take it as you will.
BlueRose, I understand what you are saying. It does seem like a mixed message. I don't think it's a bait or trap by Disney, but likely something that seemed like a great idea to the person who is in charge of that particular site. They probably have no idea about the brouhaha over this in the commercial cake world, and have no idea that they could be encouraging people to violate Disney's copyright. What's the saying? "Never attribute to malice what can be instead attributed to incompetence."
Now, is Disney so in need of money that they would encourage us to break copyright so they can sue us?
In my original post I even say that I am not here to discuss copyright. I just wanted to share information
I am confused....it's not about copyright and you didn't ask a question? I agree Jason, I get it.
On the other hand, the first cake in the blog post she linked to says, something along the lines of finding a local bakery to do their own design of "UP".... what exactly constitutes infringement? I mean, doing a house with balloons attached....how close to the original can you get before you get into trouble? YKWIM?
Thank you, Kelley!
Actually the 1st 3 pix look to me to be do-able w/o infringment - as can the strawberry one (#8?). The tinkerbell also could be done w/o tinker and the customer could buy & place tink on themselves.
This is very interesting indeed.
I agree that this looks like a case of a staff blogger with no clue posting an article on a disney site. The copyright violation link at the bottom of that page gives pretty clear information on how and who to contact to report this stuff. I posted on there about it too, but I somehow doubt they'll answer me.
I wonder if those cakes were made by bakers who had the proper licensing from Disney. We all have seen the pro bakers on TV make amazing cakes for Disney, Warner Bros and the like so it is possible to do cakes with their permission.
If you go to Disney Family they show you how to make Toy Story Green Alien Cupcakes. This is not the first time I have seen things like this.
So why don't they say..."we'll show you how to make theses cakes for your party ...however, don't post a picture or we will sue you for infringment!" they KNOW parents are going to take pictures.