Decopac Doesn't Have Batman

Business By CountryCakeMom Updated 9 Jun 2015 , 5:35pm by BakerBlackCat

CountryCakeMom Posted 8 Jun 2015 , 8:54pm
post #1 of 12

I have an order for a Batman Logo cake, but Decopac currently doesn't have any Batman kits or images.  They have PhotoCake! images "coming soon", but I'm not a user.  So....before I tell the client that I can't do it, are there any other companies out there that cover the copyrighted and licensed characters that I can order from?  I've sorted through so many articles and am not going to break any laws, but one of the "options" isn't real clear to me.  Some say you can decorate a cake in color theme of a character, have the parents buy the licensed toy, and put it on the cake themselves once its been delivered.  This seems like a good loop hole, but is it really a legal one?  It seems gray, and I'd like to have black and white on it if anyone has any solid info.  Thanks!

11 replies
BakerBlackCat Posted 8 Jun 2015 , 10:52pm
post #2 of 12

Bakery Crafts carries Batman, along with some other licensed properties that Deco-Pac does not (I found them looking for Transformers!).  I don't have an account here yet, but I assume it's set-up a lot like Deco-Pac. HTH!

Here's the link: https://www.bakerycrafts.com/Catalog.aspx?WebTab=LICPROP&TabCategory=BATMAN


Webake2gether Posted 8 Jun 2015 , 11:00pm
post #3 of 12

I read some of this post: 

http://www.cakecentral.com/forum/t/688550/copyright-only-the-customer-buy-the-figure

My personal choice for me would be to continue looking for the items that you know are legal to use  or maybe to make the cake according to the colors the customers request and then allow them to purchase and place the items themselves. I understand wanting to post pictures and you could of the work you did and then encourage the customer to post the final product with the items on there (I'm assuming facebook). I too find it to be a gray area which I also don't like. We did a batman cake and riddler cake for our son's joint birthday party and  I also researched the copyright laws and found that certain company's have different copyright laws. Such as Lego you can do a cake with the bricks as long as it doesn't say Lego. But Lego people are copyrighted and cannot be used in a resale situation. Try to find an official batman website and search there to see if it says anything on there about resale and copyright laws. 

I understand the laws and I respect them but sometimes character cakes are fun for little ones and it would be nice to be able to simply apply for the right to create an image or decoration using batman for example and pay a fee (reasonable of course lol) per order giving you the right to resale. I may live in a fantasy world but wouldn't that be great :)

Apti Posted 9 Jun 2015 , 4:59am
post #4 of 12

I've read threads/posts that mention using the "colors" associated with Batman, (not copyrighted), and then using a purchased plastic, Batman, toy.

mccantsbakes Posted 9 Jun 2015 , 6:48am
post #5 of 12

I like that idea webake2gether.  The reasonably priced copyright for a cake....think about how much money the companies could generate in revenue if they allowed that.   Granted, they don't get to control the Quality of the image (cakewreck Elmo, batman etc) But really, would a cakewreck be the end all of am enterprise such as Elmo?   No.

And of you think about it, people make and sell these cakes ANYWAY...without permission.   Granted they *could* be sued.....but realllllllllllly....what are the odds?  I see bakers with HUGE followings on IG and FB post copyright protected character cakes EVERYDAY.   GOOD looking ones...I always want to ask them if they know they are breaking the law....But I don't Want to get blocked or shunned for being a ticky tacky know it all.   It is frustrating that the companies make the license so hard to obtain, it is so frustrating that people are so comfortable breaking the laws.  

Sigh



Webake2gether Posted 9 Jun 2015 , 12:39pm
post #6 of 12


Quote by @mccantsbakes on 5 hours ago

I like that idea webake2gether.  The reasonably priced copyright for a cake....think about how much money the companies could generate in revenue if they allowed that.   Granted, they don't get to control the Quality of the image (cakewreck Elmo, batman etc) But really, would a cakewreck be the end all of am enterprise such as Elmo?   No.

And of you think about it, people make and sell these cakes ANYWAY...without permission.   Granted they *could* be sued.....but realllllllllllly....what are the odds?  I see bakers with HUGE followings on IG and FB post copyright protected character cakes EVERYDAY.   GOOD looking ones...I always want to ask them if they know they are breaking the law....But I don't Want to get blocked or shunned for being a ticky tacky know it all.   It is frustrating that the companies make the license so hard to obtain, it is so frustrating that people are so comfortable breaking the laws.  

Sigh



I didn't even think of cake wrecks lol. My guess would be that people would still do it without permission anyway but I would love to have the option of doing a character cake with our own creative input and not have to use premade items. I'm not against using them but I think it's awesome when it's an edible decoration completely unique to the decorator.  I had a blast doing the batman and riddler cakes and lots of people loved them but we can't do them for anyone else that stinks :(

or Wilton even. I'm too much of a rule follower to chance it. I tell my kids all the time "it's easier to stay out of trouble than it is to get out of trouble".  I wonder if there could be some sort of middle man to sell copyright permission to a variety of copyrighted character/images. Like Wilton they already sell character pans. I'm sure I'm not the first person to think of something like that lol so there must be a reason they don't do it. So the copyright challenge remains. 

Jenn123 Posted 9 Jun 2015 , 12:49pm
post #7 of 12

There is a grey area in the law about using toys. In my opinion... if I buy a toy, I should be able to put it on a cake. I've given them their money. I don't think it is an issue. Here is what one lawyer says:

http://www.cakeboss.com/Cake-Stuff/Articles/Copyrighted-Cakes
Would I stay out of trouble if I made a generic looking cake and purchased a licensed topper, or toy, or edible image to place on the cake or cookie?

Probably. In general, a rights owner’s rights end after the first sale is made. So, if you purchased a licensed topper or toy, the licensor generally would have no say in how you used that topper or toy – including if you incorporated it in a cake. It would have already been compensated as part of your purchase of the licensed item.

CountryCakeMom Posted 9 Jun 2015 , 3:03pm
post #8 of 12

Thank you all so much for the input.  I'll look up that other company and see what I can get my hands on.  If nothing, I'll go with the colors and have them put a toy on it.  They wanted to do the Batman logo just laying flat across the cake and I'm sure there are no toys like that, but the kiddo really wants Batman, so I'm sure having a standing toy on it instead would be a close enough reasonable compromise.  You were all helpful!

Webake2gether Posted 9 Jun 2015 , 5:19pm
post #9 of 12

I seen some flat batman logos at our local cake supply. They packaged them with their own store brand so I have no idea what brand they are or who makes them :( 

I do know they make them though because I've seen them. Just wished I could tell you exactly where to get them. 

CountryCakeMom Posted 9 Jun 2015 , 5:29pm
post #11 of 12

I created an account with Bakery Craft this morning and ordered a Batman kit.  Should be on the way in a couple days!  You're a life saver BakerBlackCat!

BakerBlackCat Posted 9 Jun 2015 , 5:35pm
post #12 of 12

Glad it worked out for you CountryCakeMom!  Yay!

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