arsing1 Posted 22 Oct 2013 , 3:04am
post #1 of

I've been reading past posts about copyrights and the last thing I want to do is start another vicious argument about it...

 

But, I need clarification. 

 

I get the whole "just avoid it to be safe" but nearly every single customer wants their kid's cakes based off of some cartoon character.

 

I saw something about as long as you change 10-20% of the design, it's not infringing on the copyright.

 

Also, at every bakery I've worked for, we were told that we could use the character pans as long as we followed the instructions exactly.  And 2 of these bakeries have been open for over 50 years, with no incident. 

 

I am getting ready to open my own bakery in 2 weeks and I need to have a concrete answer, please.

16 replies
liz at sugar Posted 22 Oct 2013 , 3:18am
post #2 of

Looks like you've gotten bad advice on all counts.

 

No, you can't just change 10-20% of the design and call it a day.

 

No, you can't use the character pans to create cakes for RESALE.

 

You can buy Deco Pac decorations for licensed characters.  Just like every grocery store bakery in America uses.

 

You can design something complementary - same color theme, etc. and let the customer tie in with the licensed plates, napkins, cups etc.

 

Good luck, and good planning to have this addressed before your bakery opens!

 

Liz

jason_kraft Posted 22 Oct 2013 , 3:24am
post #3 of

ALiz gave you good advice above. Check out the Copyright Law link in my signature below for more info.

arsing1 Posted 22 Oct 2013 , 3:25am
post #4 of

That's what I'm afraid of.  I don't want to be stuck with making boring cakes.  I absolutely despise Deco Pacs.  I despise any type of plastic on a cake.  It just cheapens it to me. 

arsing1 Posted 22 Oct 2013 , 3:26am
post #5 of

Ok, thanks.

liz at sugar Posted 22 Oct 2013 , 3:30am
post #6 of

Quote:

Originally Posted by arsing1 
 

That's what I'm afraid of.  I don't want to be stuck with making boring cakes.  I absolutely despise Deco Pacs.  I despise any type of plastic on a cake.  It just cheapens it to me. 

 

That is where you can let your creativity shine, and create cakes that complement a theme, without ripping off the original art.

 

Wouldn't making a cake in the image of a character that another artist already created be just as boring as putting plastic figures on top of a cake?  Is there any creativity involved in reproducing something that already exists?  Just a few philosophical questions to ponder while thinking about making "boring cakes".  :)

 

Liz

arsing1 Posted 22 Oct 2013 , 3:33am
post #7 of

Greeeaaat...So I'm going to be saying "no" a lot.  I guess I should find another way to pay the bills then since birthday cakes were the original plan.

jason_kraft Posted 22 Oct 2013 , 3:35am
post #8 of

AThere's nothing wrong with purchasing a licensed character figurine (or having the customer purchase it), putting it on the top of the cake, and designing the cake around it. Most younger kids actually prefer this since they get a toy to play with after the cake is gone.

BrandisBaked Posted 22 Oct 2013 , 3:40am
post #9 of

A*biting tongue*:-X

arsing1 Posted 22 Oct 2013 , 3:42am

Quote:

Originally Posted by liz at sugar 
 

 

That is where you can let your creativity shine, and create cakes that complement a theme, without ripping off the original art.

 

Wouldn't making a cake in the image of a character that another artist already created be just as boring as putting plastic figures on top of a cake?  Is there any creativity involved in reproducing something that already exists?  Just a few philosophical questions to ponder while thinking about making "boring cakes".  :)

 

Liz

 

 

I see your point but it still sucks.  It's not so much creativity involved as it is ability to pull it off.  I feel great accomplishment when something looks exactly like the pic I was handed.  But matching some polka dots on a napkin, blah.  Oh well.  It is what it is.

AnnieCahill Posted 22 Oct 2013 , 12:34pm

I understand it's frustrating but for me it takes pressure and stress off.  I don't want to sit there for hours making a Mickey Mouse out of gumpaste.  It's just not worth it to me.  Jason is right about the toys.  Kids go nuts over them so why not?  There are TONS of really pretty cakes with plastic figurines on them.  No big deal. 

 

As for the character pans, Wilton explicitly states that they are for home use only.  Just because they've been doing it for 50 years just means they've been lucky for 50 years.

Paperfishies Posted 22 Oct 2013 , 7:58pm

Quote:

Originally Posted by jason_kraft 

There's nothing wrong with purchasing a licensed character figurine (or having the customer purchase it), putting it on the top of the cake, and designing the cake around it. Most younger kids actually prefer this since they get a toy to play with after the cake is gone.

This.  I find most kids like the little toys because they can keep them.

 

I did a Caillou birthday cake, I ordered the little plastic toys from PBSKids, when I walked through the door with the cake the 3 year old birthday boy started screeching and jumping with excitement and said, "I CAN KEEP THE TOYS?!?!"

Caillou themed birthday cake.  10 inch peanut butter and jelly cake.

morganchampagne Posted 22 Oct 2013 , 8:05pm

A

Original message sent by AnnieCahill

I understand it's frustrating but for me it takes pressure and stress off.  I don't want to sit there for hours making a Mickey Mouse out of gumpaste.  It's just not worth it to me.  Jason is right about the toys.  Kids go nuts over them so why not?  There are TONS of really pretty cakes with plastic figurines on them.  No big deal. 

As for the character pans, Wilton explicitly states that they are for home use only.  Just because they've been doing it for 50 years just means they've been lucky for 50 years.

Right!!!! Lol I don't want to spend my time recreating that when I can go get a toy! The law is the law but it definitely takes the pressure off.

Claire138 Posted 22 Oct 2013 , 8:07pm

What about the name of something? I remember the discussion on the V..... tablets but does that also apply to the name of a tv show? 

jason_kraft Posted 22 Oct 2013 , 8:13pm

A

Original message sent by Claire138

What about the name of something? I remember the discussion on the V..... tablets but does that also apply to the name of a tv show? 

You can write the name of a character or TV show in a plain font as long as you don't use a logo or any other copyrighted elements without permission.

Claire138 Posted 22 Oct 2013 , 8:27pm

Ah ok, thanks Jason.

 

Claire

Paperfishies Posted 22 Oct 2013 , 8:41pm

As far as copyright infringement, I have a question...

 

If I buy a Hello Kitty cookie cutter, from the Hello Kitty store can I use that for items that I'm selling?

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