Hi ladies,

I hope anyone can help me: What about cakes shown in magazines or books, covered with BC and piped borders and maybe fresh flowers??? I thinking of the "classic" Martha Stewart cakes, Wilton etc. Do these typs of cakes have a copyright as well??? In all book there is the phrase that you are only allowed to use them for personal use. I have a customer who wants to use the cake for a tv-movie and wants something he has seen at Martha. So now I really want to know if there would be a problem???

Any help would be great as I really don´t want to get sued for such a "normal" cake.

Thank you in advance

Bettina

I have emailed a few of the cake decorators like Duff, Colette and Michele to ask permission to use their design and all have readily agreed. Email Martha's magazine and ask. The worst they can do is say no. Or just keep the same concept and make a few changes to make it your own. HTH--Pam

I would ask permission for this use. I am sure if you let them know you want to copy it for a movie they will be thrilled and give permission. Could you change it just a little so you can get around the copy right issue?

I thought about to change a bit. But on most of these cakes are just 1 border and fresh flowers. So my thought would be: who can really say that this is a Martha cake??? I enclosed a picture of one of the cakes they want.

You can't use the photo without permission, but the design is free to copy.

I thought so, as to me it is a really usual design. Thank you very much.

I think those statements in books, etc, are meant to apply directly to the use of the photos themselves that are found within the book. As JoannB said, you can't reproduce and/or use the photo, but the design is another thing entirely, I think. I could be very wrong about this, but that's my understanding. And I agree...it's a very common design, so who's to say it's a 'Martha' design...lol. There may, however, be other things to consider since this cake will be in a televised movie. I would think unless it's really a focus of the movie itself that it probably wouldn't be an issue....like if it's just part of the scenery or set. But you could always send an email explaining your situation and just ask if there is any special permission that would need to be granted, and if so, ask for it in writing. At least you will know that you've covered all your bases, so to speak.