Copy Rights

Decorating By joeyww12000 Updated 19 May 2016 , 2:55pm by kakeladi

joeyww12000 Posted 12 May 2016 , 12:54pm
post #1 of 12

Been reading and sifting through all the different answers about copyrights of images and such. So let me see if I have this straight. If I print an image off and use it as a transfer and sell the cake I have broken the law. If I hand make a figurine character and sell it I have broken the law. If I buy an edible image of a character from a company that has copyright rights and put it on a cake and sell it Im good to go. If I buy a plastic figure and put it on a cake Im good to go. As long as I first purchase the item from a company that has permission to sell the item, after that I can use it in any way I want to? That's what I have taken from all the post and my own research.

11 replies
maybenot Posted 12 May 2016 , 9:15pm
post #2 of 12

You're spot on.  That's exactly how it works. 

Now, honestly, the issue is sorting out which companies have actually bought those rights--because there are Ebay,  Etsy, and other online sellers who will sell you handmade figures, edible images, and cookie cutters that are in no way "licensed". 

Who knew we were in such a tricky business? 

But, kudos to you for doing the research and for caring.  Too many people don't give a hoot.  Thank you!

Webake2gether Posted 13 May 2016 , 3:35am
post #3 of 12

Be careful on Amazon too!! I found several that were not permitted to sell and weren't shy about saying "oh we changed it so it's a little different so it's not copyrighted" yes tell the lawyers at disney that when they contact you and see what they say to that. I don't do any copyright protected images without a licensed edible image or decopac. We do very few character cakes now anyways and I couldn't be happier about it lol. Photocake is where all the edible images we purchase come from. Also using copyright protected  molds, cookie cutters or character pans sold legally are for personal home use not for commercial use. If you are selling it it's considered commercial use. Lots of rules to follow but one cake is not worth losing our business over :)

maybenot Posted 13 May 2016 , 9:45pm
post #4 of 12


Quote by @Webake2gether on 18 hours ago

Be careful on Amazon too!! I found several that were not permitted to sell and weren't shy about saying "oh we changed it so it's a little different so it's not copyrighted" yes tell the lawyers at disney that when they contact you and see what they say to that. I don't do any copyright protected images without a licensed edible image or decopac. We do very few character cakes now anyways and I couldn't be happier about it lol. Photocake is where all the edible images we purchase come from. Also using copyright protected  molds, cookie cutters or character pans sold legally are for personal home use not for commercial use. If you are selling it it's considered commercial use. Lots of rules to follow but one cake is not worth losing our business over :)

So true!  I've tried to get Amazon and Etsy to look at this issue, as well as the problem of people calling inedible products edible.  They do absolutely NOTHING. They hide behind the fact that they're just a portal and not the individual seller.  It's nothing more than being a pimp.

Webake2gether Posted 18 May 2016 , 9:17pm
post #5 of 12

@maybenot ‍ I did the same thing with Amazon bc I almost bought one before I knew that photo cake is the only licensed dealer of copyright protected images. Thankfully I figured that out before I ordered it but I was so mad about it I lost the order bc of the stupid image. Which is a big reason why I'm glad we don't do them much anymore. and the ones we do get are all very understanding of where we stand on the issue. I spoke with Amazon bc I was pretty upset by the fact that they allow people to sell on there like that. Never heard back from them bc they don't care. Just bc everyone is doing it doesn't make it right and now that i know what I know I'll never do one without permission or a legal edible image. 

costumeczar Posted 18 May 2016 , 11:23pm
post #6 of 12

Legally it's the copyright holder that has to file a takedown request with the website, so Amazon and the others can't do anything about it unless they're contacted. They don't know who has a license and who doesn't, so if they take things down they could be removing  things that are actually legal to sell. I personally like to help people out, so I will gladly turn in someone who's selling things illegally. I'm just helpful like that :)

joeyww12000 Posted 19 May 2016 , 8:55am
post #7 of 12

Every bakery around my home sells cakes with images on them. One in particular that makes beautiful cakes and the owner seems so legite and does lots of community outreach. For instance, NFL football team logos, characters.....I assume they do these in house. Could she have edible print capability and go through photo cake? I just thoughthink of that.

yjflores1 Posted 19 May 2016 , 10:39am
post #8 of 12

I had no idea how big of a deal the character or edible images would be. I see people do it all the time . How do you ask the company for permission to use their character ?... Do local cake businesses have to be licensed before making a Disney character themed cake or any other character ? 

costumeczar Posted 19 May 2016 , 12:40pm
post #9 of 12

You're supposed to have a license if you're selling anything that you've made yourself that isn't a licensed image like the decopac things. If you draw a mickey mouse ear on something and sell it, you're violating the copyright. If you draw a minion on something or make a 3D minion cake, you're violating the copyright. Lots of people do it anyway because they think they won't get caught, but sometimes they get caught. 

-K8memphis Posted 19 May 2016 , 1:38pm
post #10 of 12

the cookie stores at the mall often sell drawn on disney pictures...even in the malls with disney stores -- seriously -- i don't know how they (disney, etc.) can keep up their copyright ownership when it is so flagrantly infringed but i still wouldn't chance it myself -- would make me nervous and it's just not worth it -- if all i have to do is not use it to maintain whatever level of peaceful environment i'm enjoying/maintaining anyhow -- no problem

yjflores1 Posted 19 May 2016 , 2:32pm
post #11 of 12

Ok thank you ! I'm going be careful with this kind of stuff I've myself made cakes like that and didn't know how bad it was until now!! Better to be safe than sorry !

kakeladi Posted 19 May 2016 , 2:55pm
post #12 of 12

For those of us who have make copyrighted cakes in the past - before we knew the problems involved - it's best not to post the pictures.   If you have them someplace on the internet take them down now.  

I remember several years ago a well known decorator (Earlene Moor) had a Tabasco(sp?) bottle on her site for some time before she was contacted and forced to remove it by the company.  I don't know if she got fined or not.

Quote by @%username% on %date%

%body%