kreativecreations Posted 5 Dec 2012 , 5:25pm
post #1 of

Hi there,

 

I'm new to the cake business and recently have just been making cakes for family and friends, but it seems to be going quite well and i would like to start doing it as a real time business, however i heard about you not being able to make fondant figures in the popular kids themes, i see cakes like this everywhere that ppl make fondants on the top of their cakes, i'm curious to know if any of you have paid for the copyright laws, or how you can work around making a cars theme cake withouth breaking the rules?

7 replies
fcakes Posted 5 Dec 2012 , 5:49pm
post #2 of

AYes, it's illegal to make a cake with cartoon characters and tv show/movie characters on it that have been hand sculpted. The pics we see are all illegal I guess! But people, still do it. I've also seen some businesses politely refuse to licensed characters...so it's your choice if you want to take the risk!

I've read Disney being very strict of copyright issues

kmac1978 Posted 5 Dec 2012 , 10:12pm
post #3 of

People do it all the time, even though it is technicall illegal. I think it depends on the size of your business, and whether you want to take the risk... I highly doubt Disney or Nickelodeon or anyone is looking out for the small-time gal working out of her home, but if you had a real brick-and-mortar bakery/storefront, then yeah, you might be in trouble.

tcbalgord Posted 5 Dec 2012 , 11:10pm
post #4 of

First, let's be clear, it is NOT illegal to make these characters....it is illegal to sell them.  You cannot profit in anyway from them including trading goods for services.  Example, I am making my DD an alice in wonderland cake complete with fondant figures, therefore I am not making any money.  This is a hot button topic on here so I am sure you will get lots of responses or links to other threads, but the best advice we can give is...don't do it if you're getting paid/compensation.  You never know who is watching...even the small little kitchen baker.

VKakes11 Posted 6 Dec 2012 , 1:59am
post #5 of

I had NO IDEA this was illegal - good thing I read this ;)

ibeeflower Posted 7 Dec 2012 , 3:16am
post #6 of
Quote:
Originally Posted by fcakes 

Yes, it's illegal to make a cake with cartoon characters and tv show/movie characters on it that have been hand sculpted. The pics we see are all illegal I guess! But people, still do it. I've also seen some businesses politely refuse to licensed characters...so it's your choice if you want to take the risk!
I've read Disney being very strict of copyright issues

There is a baker that says on her website that she does not do licensed characters. She words it politely, but firmly. I think this is a good idea. It's best if you don't take the risk but yeah it is up to you.

TheCakeDude Posted 7 Dec 2012 , 5:45am
post #7 of

I only recently even considered copyrights because I always considered an artistic rendition to be covered by some sort of constitutional right! :) I have posted hundreds of licensed cakes on my website and facebook for years and have never been contacted or warned about it... Maybe if you were super high profile and had lots of net worth, but not us small-timers!

mydearbakes Posted 7 Dec 2012 , 7:07am
post #8 of

Yes, I think it is important to tell your prospective clients politely and firmly that you do not do licensed characters. Better to say it out front then to disappoint the client at the end of the day ^^

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