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I'm a schmuck.... - Page 2

post #16 of 35
When asked to do character cakes, the way I work around the price is have the person purchase the pan for me. I get to keep the pan as payment and they get the cake. It's a bit less than I would usually charge, but this way I get a free pan and no laws are broken!! Just my input!!

Patrice
post #17 of 35
Thread Starter 
Quote:
Originally Posted by pdrinkard

When asked to do character cakes, the way I work around the price is have the person purchase the pan for me. I get to keep the pan as payment and they get the cake. It's a bit less than I would usually charge, but this way I get a free pan and no laws are broken!! Just my input!!

Patrice



Having someone purchase the pan for you is still illegal. icon_sad.gif
Life's too short to drink poison- Alton Brown
I'll start being nicer when you start acting smarter.
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Life's too short to drink poison- Alton Brown
I'll start being nicer when you start acting smarter.
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post #18 of 35
Quote:
Originally Posted by puppyloveconfections

Quote:
Originally Posted by pdrinkard

When asked to do character cakes, the way I work around the price is have the person purchase the pan for me. I get to keep the pan as payment and they get the cake. It's a bit less than I would usually charge, but this way I get a free pan and no laws are broken!! Just my input!!

Patrice



Having someone purchase the pan for you is still illegal. icon_sad.gif



I would not see that as illegal. They just by chance bought you a cake pan because they are a "FRIEND" buying another "FRIEND" a "GIFT", and she just so happen made the "FRIEND" a cake from it for FREE!!! icon_biggrin.gif

You can make them for friends and family they are just not to be made for resale.. icon_lol.gif
post #19 of 35
i'm still pretty new to all of this--but is the big fear that Disney or Warner Brothers or whoever would come after little old us and say--- you owe me for all of the character cakes you've done? say....$200 or whatever? it seems soooo unlikely--i'm thinking they've got bigger fish to fry icon_smile.gif but i guess i understand both sides. is there a higher penalty that i'm not aware of? has this ever happened to anyone? (i can understand a big bakery or something....but other than that....???)
post #20 of 35
I am sure that disney etc has better things than to find lilttle bakers, but I have heard about a cake decorator who got a letter from a handbag company's lawyers (can't remember which..gucci, or someone) saying they would sue them for breach of copyright... so I prefer not to risk it.
I have also heard that disney has people employed whose sole job is to find copyright breaches.
The fine is not just repaying their royalties, it is a copyright breach fine and it is something along the lines of $20,000 or something. A figure I can't afford.
I just don't want to risk it.
post #21 of 35
I thought I read somewhere that it was legal to make a cake with the toy characters. It's just another way of them selling their products.
post #22 of 35
Guess I will not be making anymore character cakes...unless I plan on doing them free. I definitely can not afford $20,000. Thanks for the heads up on this.

Patrice
post #23 of 35
Hi,
I'm in Australia & my business is making original & unique cupcakes.....I've designed some really unique ones, have searched the net before hand for 3-4 years without seeing anything like them, have spoken to a copyright lawyer, yet on the photo site I'm on have come across some people who are intent on causing trouble by insisting I am wrong with everything. One person insists that cakes can't be copyrighted because they are pershables...but I was under the impression that it is the design that is copyright?? Even IF it gets eaten!!...so I would appreciate if anyone knows the real answer...(concerning Australia).
Thanks.........
post #24 of 35
P.S. My husband works in the movie industry & I remember him saying years ago that a certain company that may or may not be mentioned above.... are notorious for being really stingy, tight with money AND mean...his friend in the US who owns a huge movie business wont deal with them at all, so this topic with copying characters etc doesn't suprise me!
Wouldn't you think it would be free advertising for them??
post #25 of 35
I don't know a lot about the copyright laws when it comes to cakes, but I do know the character cakes are illegal to sell; and I know making an edible image yourself from copyrighted material is illegal, but purchasing them, and using them, as stated above is not...

However, when I worked at (insert warehouse, with a bakery inside, name here), and a customer would come to us with a picture that was indeed from a t-shirt, book, poster, etc. and wanted an edible image put on a cake from that picture we were told it was not allowed at all, BUT we were also instructed to tell them if their children drew the pictures themselves we would be allowed to turn that into an edible image and place it on the cake.

So, if the kid wanted spiderman on his/her cake, and drew spiderman on a piece of paper, we could then take said piece of paper, copy it onto the sugar/rice paper, then place that onto the cake.

Now, I'm not sure if this was entirely legal, but seeing (insert warehouse, with a bakery inside, name here) is a huge company, I doubt they would actually do something like that if it wasn't. That, or they just didn't care if they had to pay the fine were they caught.

Some of the pictures we would get to put on cakes were so incredibly cute, and the children were just thrilled to see something they drew themselves put onto a cake for their party. It gave them some bragging rights, almost like they made the cake themselves.. hehe

Hope this helps, some.

Holly
Anyone who has never made a mistake has never tried anything new.
~Albert Einstein~
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Anyone who has never made a mistake has never tried anything new.
~Albert Einstein~
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post #26 of 35
I'm in the process of moving all of my copyrighted cakes to a new page on my website with a "copyright" blurb on top of the page explaining the cakes cannot be reproduced and are simply on the site to show workmanship, etc. Nearly all of the cakes I've done with characters were for friends and family (no money exchanged) and I don't want to run the risk of being sued for breach of copyright!

So many customers want character cakes....so I'm going to purchase some edible images (although not very popular) and also some cake kits because folks don't realize just how cute you can make the cakes with kits on them! They think they are trapped with that ugly little cake in the book at the grocery!
post #27 of 35
So is it legal or illegal to decorate say a cake like the one in my gallery to look sponge bobish and have the parent place the candle on top at the party or can I place the spongebob candle on it?
<3Lori<3
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<3Lori<3
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post #28 of 35
((((((((((((((((((((((((((((((HUG))))))))))))))))))))))))))))))

Although it is not a great comfort, I admire your morals!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! thumbs_up.gif

(We need more people like you in the world.)
Award winning cake designer and fine art sculptor.

"An artist discovers his genius the day he dares not to please." ~Andre Malraux
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Award winning cake designer and fine art sculptor.

"An artist discovers his genius the day he dares not to please." ~Andre Malraux
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post #29 of 35
Even if you buy the cake kits you are required to decorate them the way they want you to. You can't take a total new direction with it and just place the pieces where you want. It stinks, but they are protecting their product.

It's best to play it safe.. I don't do character cakes at all.
post #30 of 35
but I don't mean even a cake kit, I mean a toy off the walmart isle or a candle or something?
<3Lori<3
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<3Lori<3
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