AIf you found it on the internet than please post the link... it's not a secret if it's on the internet.

If this person no longer has a bakery because she had to close and sell everything off than why keep the name a secret?

I've stated this many times.... If these companies are out to get cake decorators and make EXAMPLES of them, then this website is the perfect place for them to start looking for lawsuits!!

AGAIN... anyone on here every been sued personally from a pic of your copyrighted image cake that you posted here??? ANYONE??

If so, I want to see the letter and the offening cake please.

A

The link was not easy to find so I'm not sure I would call it public knowledge. This comes back to the issue of respect and not making decisions on behalf of others without their permission. If OP's friend agrees to come out with the details of the case then there shouldn't be a problem posting the link.

A

You can't seriously mean this. Maybe all these companies should go ahead and pay the people wh o make the fake Chinese copies - after all, they ARE promoting LV , Coach and Chanel!

This really isn't difficult, and nobody needs to "prove" anything.  We all agree that laws exist prohibiting sale of copyright items.  It doesn't matter if it's enforced or not.  It's against the law, don't do it.  Would you run a red light if you thought you wouldn't be caught?  If your neighbor's garage was open would you walk in and help yourself to his stuff?  No?  Then why would you think of violating copyright law?

There's right and there's wrong in this world, and if you easily overlook copyright law because it's "never enforced," what other laws do you easily overlook?

Amaking knock offs are not promoting the brand, it's a sub for the brand.

Cake encourges people to buy all the party stuff that has these images on it and toys etc, etc, etc..... so these companies MAKE MONEY when a person has a "mickey mouse" party.

BIG DIFFERENCE!!

AI guess some folks will rationalise their illegal activities until their dying breath.

AHas anyone notice that Cake Central kind of encouages use of copyright images?? They will have posts like... best of Harry Potter cakes etc. or contest like best Star Wars cakes....

Kind of a double message!

It's illegal to make these cakes but hey... post your pics here!

Unless I'm mistaken, it's not illegal to make cakes with copyright images, just to sell them.

A

That's very insulting. Why is it that there are people here who keep asking for proof that making a Mickey Mouse cake is in fact illegal? Maybe those who haven't been involved with the law much wouldn't know that laws are not always so black and white. And even when the law is very specific, it may not encompass all possible scenarios which is how we often have cases decided based on the "spirit" of the law instead of the "letter" of the law.

Funny how so many are so convinced but I haven't seen a single case presented. So your argument is based on your own interpretation of the law - as is mine.

There are some here who will not be guilted or shamed into compliance of what may or may not be correct.

Oh, and this does not at ALL compare to picture thieves. This would be more like me making a cake and someone copying my cake design and posting their own photo. *I* am doing the work, not stealing someone else's.

A*rolling eyes*

A

Very well put..there has been many a commentary of people stealing others cake photos. And I have even read commentaries about some creating similar cake designs and not crediting the original baker. That's why these laws exist...not that we are going to copyright our cakes...but some bakers would feel infriged upon when this happens. Why would it not apply to any other form of art or design.

I do have a question, some of my first cakes where wilton "character" pans on top of cakes. Why would these Not be considered under the same law?

http://money.cnn.com/magazines/fortune/fortune_archive/1997/12/29/235894/

http://sccottagefoodlaw.com/page5.php

I don't understand why anyone has a hard time believing that a company doesn't want another company making $ from their design. Many on here have received Cease and Desist letters. Also many on here have tried to gain permission from some of these companies and been denied.

AI keep her name because she's a friend and she's asked me not to share. The friendship comes second to proving strangers wrong. Although I very much like you strangers :)

If you need her name to take the warming seriously then that's fine! It doesn't bother me, or hurt my feelings, or make me feel any kind of way. Because it's only meant to help. If it doesn't then it doesn't that's ok. I am not offended!

They did send her a C&D letter. She was obstinate and ignored it. And she paid for it.

AI did ask her of I could provide more details and she said no. Just because her bakery had to close doesn't mean she should feel ok to share it. & I'm not going to push her to do so. That's all

Maybe it's hoping against hope. But I do hope it at least makes people think twice before breaking this law. The possibly of getting hit with that kind of judgement is very real.

A

All cake decorators, I have a simple fix...

make cakes with the copyrighted images, etc. but don't sell the image, just the cake and frosting under it!

Prices can be for the cake/froasting/fondant/gumpaste/cake box/cake board.... BUT the image you created on top is free. Put it in your policies.

See if that will hold up in court!! :)

A

What a well thought out reply. You've just convinced me I've been wrong all this time! Case closed! :judge:

AOh geez. I guess I'm now on your 'list'. Are you going to start stalking me in every thread like you used to do to Jason - continuously embarrassing yourself?

A

This would actually be worse for you, since you have demonstrated that you know infringement is illegal but are trying to circumvent it.

Regardless, infringement is infringement regardless of whether the cake is sold or given away.

A

Well now my evil plot is foiled. I guess snark is a one way street in Godot-ville.

I'll just be over here in the corner now that you've put me in my place.

:princess:

p.s. Your accusation makes no sense. You don't block people you stalk, do you?

AHas nobody heard of a confidentiality clause?

A

That applies for settlements. Confidentiality is usually applied in family law cases where there are children (in California) or in juvenile records that are sealed. Otherwise, legal cases are public record.

A

Look on the bright side...eventually she will block you, which works out great for everyone since I can now publicly refute her points without her even knowing about it.

A

HAHAHA! awesome.

A

I thought I was dealing with adults here...

A

I agree that companies do send out cease and desist letters, but I'm still waiting to see some actual litigation where a court decided in favor of the copyright owner over a cake. I don't doubt that companies make threats - I would like to see if their threats hold any weight or if they are just a bunch of legal puffery.

I used to work in a law office and sent out those nasty-grams all the time (not over copyright). Many of them were simply intimidation tactics to get our way when we really had no legal standing and knew the other party was ignorant of the law or their rights.

Happens all the time.

another facet of this copyright conundrum:

i think most everyone digs the sh*t out of cake sculptures--look at all our cake shows on tv--Duff & Buddy are beloved folk heroes

what copyright holders have to do is police their products--what i've heard is that if it's shown they ignore infringement then that can affect their ability to effectively put the hurt on the bad guys--copyright holders probably get a kick out of the sculptures as much or more than anyone but this is business--and they have to protect themselves--

there's a saying that goes, "the only law is the law of public opinion"  

my one-time statement here is that the law of public opinion* is for cake sculptures and against copyright holders as is evidenced in this thread and in life in general but it is not at all 100% and it is changing -- heads up

i mean we usually all don't leave our doors unlocked--we police that--we watch & often check before we go to bed----because if we don't protect our property nobody else will

*public opinion of everyone not just cakers & copyrighters--

 & not just judges/juries the latter of whom in particular do not always get to abide by public opinion

over & out

♥

A

Well... I see how it works here. Only a few of the cake decorators have a right to their opinon but the rest of us need to keep our mouths shut or else we will be blocked or we are stalking.

Well it seems Jason_Kraft and Godot are stacking me... I was on another thread about this and you two show up and now on this thread.

I have a RIGHT to state what I think is right! I live in the USA... It seems to me you two are the stalkers.

Women didn't have the right to vote, that was law, that was changed.... etc. etc. etc.

This country is founded on people breaking unjust laws and fighting to change them. I think it's crazy to stop cake decorators for decorating cakes however they want! I still think it's a urban legend about being sued in court! I understand people received C&D letters but being sued for 200,000 over one cake, NO I don't and you can say a hundred times, you friend is embarassed etc. She made a cake for a client, how is that embarassing?? I think the company should be the ones red faced. But really I think it's a made up story, (prove me wrong).

I don't think it's stalking to have a debate over a subject! We all have a right to place our opinons here! (I dont' agree with all :) )

If I ever get sued (hopefully not :) ) everyone on here will hear about it! I will fight it big time. I will contact every media outlet and social media site, newpaper etc. It will be on Google.