kaylawaylalayla Posted 22 Jul 2013 , 1:48am
post #1 of

AIf you make a cake of a copyrighted character to eat by yourself at home or for a family party? Is it illegal if you put it in your portfolio?

6 replies
jason_kraft Posted 22 Jul 2013 , 2:04am
post #2 of

AIf you don't have permission, it is still considered copyright infringement even if you just make the cake for yourself or for family, but from a practical perspective there is virtually no risk of getting caught as long as you don't publicly post a picture of the cake.

kaylawaylalayla Posted 22 Jul 2013 , 2:08am
post #3 of

AI thought it only mattered if you benefited monetarily.

jason_kraft Posted 22 Jul 2013 , 2:13am
post #4 of

AIf the infringement was for commercial use the civil penalties (which covers non-commercial use) can be bumped up to criminal penalties.

http://www.copyright.gov/title17/92chap5.html

kaylawaylalayla Posted 22 Jul 2013 , 2:18am
post #5 of

AYour sentence has me dizzy. So if your infringement was for commercial or non commercial use? Basically it doesn't matter if it is for commercial use?

kaylawaylalayla Posted 22 Jul 2013 , 2:26am
post #6 of

AOh I get it lol. Thanks for the info Jason

jason_kraft Posted 22 Jul 2013 , 3:11am
post #7 of

A

Original message sent by kaylawaylalayla

Your sentence has me dizzy. So if your infringement was for commercial or non commercial use? Basically it doesn't matter if it is for commercial use?

If the infringement is for non-commercial use, you could be liable for civil penalties ($750 - $30,000 per infringement), but if it is for commercial use you could potentially face both civil and criminal penalties (which may include jail time based on the law linked below).

http://codes.lp.findlaw.com/uscode/18/I/113/2319

Of course it is extremely unlikely that anyone would face criminal charges for selling a few infringing cakes, but the US code does allow for this penalty if the victim of infringement has the desire to pursue a case.

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