Cakespirations Posted 7 Oct 2013 , 12:27pm
post #1 of

AI am making a new cake display. I want to gear some of the cakes to kids. I thought I would put a barbie dress cake in it. I DO NOT sell the barbie doll. Parents have to provide them. But for display sake I would use the barbie, if I put a sign that states I do not sell the barbie, only the dress part of the cake, does that cover me?

I googled this and found it is the doll I cannot sell, but I can use a toy or item on a cake that a parent supplies.

Any thoughts?

6 replies
Norasmom Posted 7 Oct 2013 , 12:38pm
post #2 of

I'm not a lawyer, but since the Barbie was purchased, you aren't copying it....Mattel has gotten their cut.

Norasmom Posted 7 Oct 2013 , 12:39pm
post #3 of

I did the same with an Ariel doll.

SecretAgentCakeBaker Posted 7 Oct 2013 , 12:43pm
post #4 of

ALast night I read an article by Cake Boss software, they interviewed an intellectual property attorney. I believe #11 in their interview may answer your question. http://www.cakeboss.com/CopyrightCakes.aspx

Cakespirations Posted 7 Oct 2013 , 2:15pm
post #5 of

AAwesome responses! Thanks :) I am still researching it a little but I am Feeling a bit better about if I would get sued or not.

morganchampagne Posted 7 Oct 2013 , 2:33pm
post #6 of

AI would think that you are fine. You aren't recreating a Barbie. And you aren't selling them. So as long as you get the Barbie from a place you should be fine. I don't think they really care what you do with the Barbie. They just don't want you recreating them

BatterUpCake Posted 7 Oct 2013 , 2:41pm
post #7 of

Quote:

Originally Posted by SecretAgentCakeBaker 

Last night I read an article by Cake Boss software, they interviewed an intellectual property attorney. I believe #11 in their interview may answer your question.
http://www.cakeboss.com/CopyrightCakes.aspx

 

Yes..the law is called First Sale Doctrine.

 

"The first-sale doctrine creates a basic exception to the copyright holder's distribution right. Once the work is lawfully sold or even transferred gratuitously, the copyright owner's interest in the material object in which the copyrighted work is embodied is exhausted. The owner of the material object can then dispose of it as he sees fit. Thus, one who buys a copy of a book is entitled to resell it, rent it, give it away, or destroy it. However, the owner of the copy of the book will not be able to make new copies of the book because the first-sale doctrine does not limit copyright owner's reproduction right. The rationale of the doctrine is to prevent the copyright owner from restraining the free alienability of goods. Without the doctrine, a possessor of a copy of a copyrighted work would have to negotiate with the copyright owner every time he wished to dispose of his copy. After the initial transfer of ownership of a legal copy of a copyrighted work, the first-sale doctrine exhausts copyright holder's right to control how ownership of that copy can be disposed of. For this reason, this doctrine is also referred to as "exhaustion rule."

 

So even if you purchased the Barbie, once you do so you can do with it as you wish. I buy Disney toys or candles and sell the cake with them on it. As long as it is a LICENCED product and not an Etsy sold reproduction you are legal. Otherwise you would not even be able to sell that same Barbie at a yard sale.

Quote by @%username% on %date%

%body%