Copyright Questioning On These Cake Stamps.

Business By JaeRodriguez Updated 18 Sep 2015 , 4:45pm by Jeff_Arnett

JaeRodriguez Posted 1 Oct 2013 , 4:55pm
post #1 of 62

Just saw these posted on Royal Bakery's facebook. I clicked on the link to the sellers FB and I am assuming they do not have permission to be selling the stamps, but I was just wondering if they did, would cake decorators be able to legally use them after buying from the seller? I didn't think so but it made me curious as Royal Bakery is well known and has a lot of followers via social media.

https://www.facebook.com/photo.php?fbid=636473453040625&set=a.209880219033286.50937.209649385723036&type=1&theater

61 replies
-K8memphis Posted 1 Oct 2013 , 5:03pm
post #2 of 62

i've seen stencils too--i don't know--makes yah nervous though huh ;)

 

but i have free handed various logos on purse cakes for friends & family but...

JaeRodriguez Posted 1 Oct 2013 , 5:08pm
post #3 of 62

AI assumed that these were a no no but I figured there's no harm in asking! :) The seller has a ton of cartoon characters as well, including Disney. So it sounds a little too good to be true! I just thought *maybe* since Royal Bakery attached their name to it they may be legit! Haha :)

lkern777 Posted 1 Oct 2013 , 5:48pm
post #4 of 62

Quote:

Originally Posted by JaeRodriguez 
 

Just saw these posted on Royal Bakery's facebook. I clicked on the link to the sellers FB and I am assuming they do not have permission to be selling the stamps, but I was just wondering if they did, would cake decorators be able to legally use them after buying from the seller? I didn't think so but it made me curious as Royal Bakery is well known and has a lot of followers via social media.

https://www.facebook.com/photo.php?fbid=636473453040625&set=a.209880219033286.50937.209649385723036&type=1&theater

 

I wondered the same thing. I double she got permission from all of those companies. They do look good though.

maybenot Posted 1 Oct 2013 , 6:00pm
post #5 of 62

Many, many European companies and decorators flaunt copyright laws because they are [somewhat] untouchable when it's a US company their filching off of. 

 

There's one woman in South Africa selling homemdae Disney figurine cake decos on FB and she's turning away orders because she's overbooked.  We're not talking ONE Donald Duck or Minnie Mouse, we're talking HUNDREDS.  I have never before been so tempted to report someone to a major corporation for copyright violations!

 

I have no reason to believe that these stamps--or the stencils that another European company is also selling--are licensed.  Several of those purse manufacturers have been very aggressive in prosecuting infringement cases [Coach, Gucci, and LV come to mind].

 

Oh, they'll sell--and maybe the company get away with it--but it may be the puny decorator that sells a cake having used them that will get the cease & desist letter, the fine, the lawsuit.  Not worth the risk, in my opinion.

JaeRodriguez Posted 1 Oct 2013 , 6:04pm
post #6 of 62

AMaybenot, you're absolutely right!

It makes sense that out of country shops feel like they are untouchable. I have seen the stories of cease and desist letters and law suits, especially from the purse companies, it's not worth the risk for sure!

There are people commenting on the pic now that those of us questioning the copyright situation need to get a grip. I guess those people will be the ones receiving the cease and desist!

JaeRodriguez Posted 1 Oct 2013 , 6:08pm
post #7 of 62

AWelp, the Royal Bakery commented on the picture that until they receive a cease and desist they will copy 'with gay abandon'. Guess that answers my question! 8O

kikiandkyle Posted 1 Oct 2013 , 6:18pm
post #8 of 62

AI just saw that and I've actually unliked the page, I find it really hypocritical of them when they probably go after anyone that steals their photos. I hope someone reports the Israeli company making the stamps. It's quite irresponsible for a company with almost 70,000 likes to promote illegal activity.

JaeRodriguez Posted 1 Oct 2013 , 6:24pm
post #9 of 62

AI agree, I thought surely a company with that much recognition wouldn't post something illegal but... I guess you know where assuming gets you! :P (and by 'you' I mean me!)

I also (naively) assumed that all of the character cakes in their albums must have been made with permission since they were so well known. Apparently not!

Norasmom Posted 1 Oct 2013 , 6:25pm
post #10 of 62

Royal Bakery said:

I'm not going to enter into a debate about copyright law. I respect everyone that adheres to this particular law, but I'm not one of them. If I receive a cease and desist letter, I will cease and desist. Until then, I shall copy with gay abandon.

 

What other laws does she not adhere to?  Following the law is not supposed to be only if you feel like it, or doing something until you are caught. 

Norasmom Posted 1 Oct 2013 , 6:29pm
post #11 of 62

Someone's probably getting a C+D letter shortly...

kikiandkyle Posted 1 Oct 2013 , 6:31pm
post #12 of 62

AA lot of well known cakers do copyrighted character cakes and I doubt that a lot of them got permission but I think most people think they did.

JaeRodriguez Posted 1 Oct 2013 , 6:46pm
post #13 of 62

ANorasmom- that's the comment I was referring to, I had to read it twice because I couldn't believe she posted it!

Kiki- you're right, I usually just assume the well known bakeries have permission when they do them!

BatterUpCake Posted 1 Oct 2013 , 6:48pm
post #14 of 62

I wish they were legal...I could make a killing if I broke copyright laws....sigh.....but my business and reputation are too important to risk.

maybenot Posted 1 Oct 2013 , 7:08pm
post #15 of 62

Looks like the Royal Bakery took down the entire post about her cake stamp purchase!  I got a screen shot of the post, but not one of the statement about her continuing to copy until she gets a C&D letter--darn.

 

It's people like her that give cake decorators a bad name.  I hate people who feel that they're above the rules.  They make it harder for everyone in the long run, really.

kikiandkyle Posted 1 Oct 2013 , 7:30pm
post #16 of 62

AI have a screen shot of it, thank goodness for poor cellphone service!

Maybe that letter came sooner than she thought.

EnglishCakeLady Posted 1 Oct 2013 , 8:09pm
post #17 of 62

WOW.

BatterUpCake Posted 1 Oct 2013 , 8:17pm
post #18 of 62

WOW...that's exactly what I said!!! To think that a reputable business would publicly state that they would continue to copy with gay abandon....admitting they know they are doing wrong. But just not having the integrity to care.....

AZCouture Posted 1 Oct 2013 , 8:23pm
post #19 of 62

Quote:

Originally Posted by BatterUpCake 
 

WOW...that's exactly what I said!!! To think that a reputable business would publicly state that they would continue to copy with gay abandon....admitting they know they are doing wrong. But just not having the integrity to care.....

 

You are addressing that very reputable business right now.

:-D  You know that though....

JaeRodriguez Posted 1 Oct 2013 , 8:23pm
post #20 of 62

@EnglishCakeLady I posted assuming that you were operating in good faith and I got excited about the stamps that you posted on your page.  I thought that they may be a legal way to use logos/ characters and wanted to know if somehow the original seller may have gotten permission to make them. (Because if they had, and I could use them for cakes, I certainly would want to buy them!) 

 

I had no idea what your thoughts were on copyright laws however, I genuinely just assumed that your character cakes and copyrighted cakes were made with permission from the copyright owners.

 

Edited to add: CC sees posts on copyrighted things all the time and we have also seen first hand people who are ordered to cease and desist making them.  I really didn't think that "big" cake companies would be ignoring the copyright laws. 

BatterUpCake Posted 1 Oct 2013 , 8:36pm
post #21 of 62

Quote:

Originally Posted by AZCouture 
 

 

You are addressing that very reputable business right now.

:-D  You know that though....

 

:D Who me???

EnglishCakeLady Posted 1 Oct 2013 , 8:37pm
post #22 of 62

I'm not a 'big' cake company, Jae. I have a big FB Page because the things I do for the cake community attracts fans. I actually work at home, on my own, in a tiny kitchen (yes, licensed) and, like most, am a wife and mother and PTA board member trying to keep on top of the ironing. I make one cake a week at most, and am just trying to get by like everyone else here. My 'gay abandon' comment was flippant and, I admit, asking for trouble - I was just trying to diffuse the fact that a post I'd made had turned into an argument. I've deleted the post because I don't want that controversy on my Page.

I don't think I give decorators a bad name as someone else has stated. In fact, I rather think I give decorators a GOOD name. There are far too many out there that are not willing to reach out and give a step up to those just starting out and I do that every day in many ways. 

For those congratulating themselves on getting a screen shot of my comment, I'm interested to know. What are you going to do with it?

BrandisBaked Posted 1 Oct 2013 , 9:02pm
post #23 of 62

AMy abandon isn't gay (though I would love it just as much if it were) - but I'm a copyright violator too. If you're going to start a dog pile and jump those who have "infringed", let me lay myself down and steel myself for the weight. :-D

angmorri Posted 1 Oct 2013 , 9:03pm
post #24 of 62

[email protected] I saw you have on your page tinkerbell and other well known characters, what's up with that? That doesn't count when it comes to your integrity?

Norasmom Posted 1 Oct 2013 , 9:11pm
post #25 of 62

Lessons learned:  be careful on social media and it's not a good idea to violate copyright law.

jason_kraft Posted 1 Oct 2013 , 9:21pm
post #26 of 62

A

Original message sent by Norasmom

Lessons learned:  be careful on social media and it's not a good idea to violate copyright law.

It's important to note that a public discussion forum in which you participate as a representative of your business also counts as social media.

maybenot Posted 1 Oct 2013 , 9:23pm
post #27 of 62

Hmmmm....

 

no "I didn't know",

 

no "I did know, but I didn't care, but now I do care"

 

no "I'm sorry that I may have aided and abetted other decorators into committing copyright infringement because I have a big FB page and people who don't know better might think that because I'm doing it then it's OK for them to do it, too"

 

no "Thanks for bringing this to my attention.  I'll never use the stamps.  I'll destroy them."

 

no "I want to be a good role model to ????????? , so when I know something is wrong, I won't do it"

 

no "As an adult/as a PTA board member/as a business owner, I should have known better"

 

no "Truth is, I took the post down from my FB page because someone warned me that people were taking screen shots of my flippant answers and I got scared because I have lots of posts of cakes using copyrighted characters."

 

Hmmmm.........NO would be a good thing to remember when asked to do copyrighted stuff, huh?

JaeRodriguez Posted 1 Oct 2013 , 9:24pm
post #28 of 62

So Jason, my original question was IF the seller of the stamps did indeed have permission to sell them, could the stamps then be used on a cake by a bakery and that cake sold legally? 

jason_kraft Posted 1 Oct 2013 , 9:27pm
post #29 of 62

AI gotta hand it to Royal Bakery, it takes a lot of chutzpah to use a picture of an infringing cupcake (on Disney no less) as a FB cover photo.

angmorri Posted 1 Oct 2013 , 9:28pm
post #30 of 62

AMaybenot!!!! YOu really need to zip your mouth up and go to bed! Really, I might infringe the law but you are showing poor character and sooo unkind heart by bashing others the way you are doing it! That's a shame and something not to be proud of! And I'm leaving this thread as it is not of my interest anymore.

Quote by @%username% on %date%

%body%