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Help,COPYRIGHT!! What to do when contacted by major company? - Page 4  

post #46 of 68
I think the safest thing to do would be to contact the copyright owner directly in each case, and if you can't get permission, don't do the logo.
post #47 of 68
I am only speaking for myself here:

The argument of "I didn't know" can only be used once. I made this mistake myself not long ago and at the time, I honestly didn't think about copyrights. I don't think too many ppl really think about it much when we first start out. I know that for me, since it was brought to my attention, that I will not do anything else that is copyrighted. I was just telling this to my DH last night. I will contact the company, or purchase the character, or do a play on it and that is all.

I do want to thank jason_kraft for all of his advice! If it were not for you, I would still not be thinking of this issue (until it was to late)
post #48 of 68
Quote:
Originally Posted by sweetts99

I am only speaking for myself here:

The argument of "I didn't know" can only be used once. I made this mistake myself not long ago and at the time, I honestly didn't think about copyrights. I don't think too many ppl really think about it much when we first start out. I know that for me, since it was brought to my attention, that I will not do anything else that is copyrighted. I was just telling this to my DH last night. I will contact the company, or purchase the character, or do a play on it and that is all.

I do want to thank jason_kraft for all of his advice! If it were not for you, I would still not be thinking of this issue (until it was to late)



This is an excellant point and I'm not picking on you, just so everyone is clear, I'm only gathering facts..... please explain how in today's society this would not have crossed your mind? Were you only baking for fun or did you bake and sell to someone's requirements? It would seem to me with all that is broadcasted in the stores and on the internet about re-selling knock of purses, etc that somewhere along the line something would have triggered a question or two about making a cake and selling it in the image of a cartoon or a hero, etc. Again, I'm not picking on you, I'm only trying to engage in a healthy debate....
Major life events require sugar.
Major life events require sugar.
post #49 of 68
" I didn't know", doesn't even work once legally.

I rarely even bother with these threads because it really isn't a debate. The internet is providing a perfect, cheap, way to prosecute these infringements. I's only a matter of time. Google provides the proof of infringement by the perpetrator's own hand... picture, IP address, description... cached even if you take it down.
post #50 of 68
ec, I'm not sure what you're driving at with this line of questioning but I don't think it will lead to a productive discussion, suffice to say that some people are aware of copyright as it applies to cake decorating and some are not.
post #51 of 68
Quote:
Originally Posted by jason_kraft

ec, I'm not sure what you're driving at with this line of questioning but I don't think it will lead to a productive discussion, suffice to say that some people are aware of copyright as it applies to cake decorating and some are not.



Well, Jason, they choose not to be. Like I said earlier, I never let my kids use the excuse of "I didn't know". I doesn't hold water in today's world. Susan is right.
Major life events require sugar.
Major life events require sugar.
post #52 of 68
Quote:
Originally Posted by enchantedcreations

Quote:
Originally Posted by jason_kraft

ec, I'm not sure what you're driving at with this line of questioning but I don't think it will lead to a productive discussion, suffice to say that some people are aware of copyright as it applies to cake decorating and some are not.



Well, Jason, they choose not to be. Like I said earlier, I never let my kids use the excuse of "I didn't know". I doesn't hold water in today's world. Susan is right.


You are making a false generalization by assuming that cake decorators are willfully choosing not to learn about copyright laws, instead of simply not being exposed to the information. I didn't make the connection myself until I took an IP law class a few months after we started our business.

EDIT: I won't be baited into a flame war here, so if you want to continue this discussion please do so via PM.
post #53 of 68
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by enchantedcreations

Quote:
Originally Posted by jason_kraft

ec, I'm not sure what you're driving at with this line of questioning but I don't think it will lead to a productive discussion, suffice to say that some people are aware of copyright as it applies to cake decorating and some are not.



Well, Jason, they choose not to be. Like I said earlier, I never let my kids use the excuse of "I didn't know". I doesn't hold water in today's world. Susan is right.


You are making a false generalization by assuming that cake decorators are willfully choosing not to learn about copyright laws, instead of simply not being exposed to the information. I didn't make the connection myself until I took an IP law class a few months after we started our business.


That's not what I meant and you know it.
Major life events require sugar.
Major life events require sugar.
post #54 of 68
I don't ASSume anything!
Major life events require sugar.
Major life events require sugar.
post #55 of 68
I agree with Jason. Some don't know, or just never really thought too much about it. But to argue the point between those that do know just seems odd. Where is the debate?
post #56 of 68
Again, I was only asking a question to another CC'er, (it's called an opinion) but it goes back to the same old thing.... if there are a "few" on CC that don't agree so therefore, it's a mute point. So, I'll stop asking, or inquiring or whatever you want to call it because apparently this site belongs to only a few select and only their opinions matter.
Major life events require sugar.
Major life events require sugar.
post #57 of 68
There isn't much opinion in the law. It is just a choice to abide or ignore.
post #58 of 68
Here is my questions: How many home-bakes have contacted said companies and actually received permission? I am trying to achieve a legal in-home business and after reading Disney's requirments to recieve permission (jason_kraft posted a link for) it scared me to the point of rethinking a home based business. I don't see how any home-based could achieve permission.
Tracy's Cake Creations
Tracy's Cake Creations
post #59 of 68
Thread Starter 
Quote:
Originally Posted by carolinagirlcakes

Here is my questions: How many home-bakes have contacted said companies and actually received permission? I am trying to achieve a legal in-home business and after reading Disney's requirments to recieve permission (jason_kraft posted a link for) it scared me to the point of rethinking a home based business. I don't see how any home-based could achieve permission.



I think it's best just to buy licensed characters and cake toppers versus carving a cake into a Disney character.
I dream about cakes and stilettos!!
I dream about cakes and stilettos!!
post #60 of 68
Home-based has nothing to do with it and a business based on a need to produce illegal cakes seems like a poor way to start. Infringement has nothing to do with whether the business is legal, illegal, CFL.

The big companies are not going to give permission as a general rule. And I would hate to think of having to charge for my time to write for permission for every cake I made.

Your facebook pictures or the facebook of anyone attending a party are proof enough of the infringement. If you create the cake, it will be hard to keep it off the web, business or not.
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