Does This Count As Copyright Infringement?

Business By CandiedMoon Updated 11 Dec 2013 , 3:53am by costumeczar

CandiedMoon Posted 9 Dec 2013 , 5:03pm
post #1 of 10

AI know recreating a character is, but what about tiered cakes with character details?

I commonly see tiers made like Sully's fur, Yo Gabba Gabba eyes, or characters' clothing. Dothose count as it isn't the full figure?

I'm trying to start a business and would like to know my limits :)

9 replies
jason_kraft Posted 9 Dec 2013 , 5:25pm
post #2 of 10

AMy rule of thumb is if the customer can look at it (minus any licensed figurines) and say "hey, that's X" then permission from the copyright owner is required.

CandiedMoon Posted 9 Dec 2013 , 8:55pm
post #3 of 10

AOkay, I wasn't sure because I see it so often.

kikiandkyle Posted 9 Dec 2013 , 10:25pm
post #4 of 10

Not every cake on the internet was done for money - you can recreate the image but you can't sell it. 

 

And then there are those who don't think the law applies to them, or that they won't get found out, or they just don't know or don't care, etc etc. 

gatorcake Posted 9 Dec 2013 , 11:34pm
post #5 of 10

Quote:

Originally Posted by kikiandkyle 
 

Not every cake on the internet was done for money - you can recreate the image but you can't sell it. 

 

 

Not the standard.  Violation of copyright or trademark is based on the unauthorized reproduction, not the unauthorized reproduction done for commercial gain.  In terms of whether or not an infringement occurred the only thing that matters is did you have permission to reproduce it or does it fall under one of the exceptions--which does not include for personal use.

CandiedMoon Posted 10 Dec 2013 , 6:40pm
post #6 of 10

ABut that would even include someone just doodling a character and hanging it on their wall, wouldn't it? That seems extreme...

jason_kraft Posted 10 Dec 2013 , 8:20pm
post #7 of 10

A

Original message sent by CandiedMoon

But that would even include someone just doodling a character and hanging it on their wall, wouldn't it? That seems extreme...

If you don't publish the infringing document publicly there would be no way for the copyright owner to know about it.

costumeczar Posted 11 Dec 2013 , 2:23am
post #8 of 10

If you recognize it, it's infringement. You could always try writing to the trademark or copyright holder to see if you can get permission to use the image. I've received permission from several companies and sports teams to use their logos or products on cakes that I've sold, but they usually have limits on what you can do with the pictures of the cakes. Most sports teams do NOT want you to use the picture of the cake on your website or in any advertising. I tend to err on the conservative side and not put cakes with logos or anything up unless I have permission to do that.

lisaelanna Posted 11 Dec 2013 , 2:49am
post #9 of 10

This is a little off the subject, but I learned something interesting about copyrights the other day…I was watching some of those Ted talks and one was about copyrights in the fashion industry.  It basically said that, as far as fashion goes, in the U.S. nothing is copyrighted except the logo.  So you can make whatever dress/shoe/bag and as long as you don't use the exact company logo it isn't copyright infringement. I remember there was a thread a while back about someone being sued for $200k by LV for a purse...

costumeczar Posted 11 Dec 2013 , 3:53am
post #10 of 10

Quote:

Originally Posted by lisaelanna 
 

This is a little off the subject, but I learned something interesting about copyrights the other day…I was watching some of those Ted talks and one was about copyrights in the fashion industry.  It basically said that, as far as fashion goes, in the U.S. nothing is copyrighted except the logo.  So you can make whatever dress/shoe/bag and as long as you don't use the exact company logo it isn't copyright infringement. I remember there was a thread a while back about someone being sued for $200k by LV for a purse...

Right, because the logo is trademarked, but you can't copyright a fashion design. That's why there are knockoffs of designer dresses everywhere. It's when you put the logo on the knockoff to try to say it's the real thing that it's illegal. Same way you can't copyright a cake design. But  the logos aren't copyrighted, they're trademarked, which isn't the same thing. It gets tricky, but if you just don't use other people's logos or characters you'll be fine.

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