please let me know if I am wrong about anything. i dont want to get in any legal trouble. also what is the law on using licensed cutters? I have a ice chest cake that has a orange texas long horn on it that i cut out using a texas longhorn cutter that i purchased from the cake shop. is that aginst the law to use???
It is aginst the law for ANY cake decorator to make profit on a cake made to replicate or somewhat look like any copyrighted characters. These type of copyrighted characters include Mickey Mouse, Dora, Hello Kitty, Sesame Street, Thomas the Tank Engine, Bob the Builder, Sponge Bob and and other such character.
The fines for getting caught making these character themed cakes can be as high as $150,000 and are fined to the cake decorator and the purchaser both.
In order to keep my business and my clients out of trouble, I will not replicate characters without permission from the copyright owner.
If you would like a character themed cake to match your party them there are a few options.
1. You may contact the copyright owner and ask for written permission for a cake decorator to make a cake using their copyrighted logo and/or characters.
2. You may purchase a party pack of the characters or toy that I can include on your cake.
3. You can have a cake that is made using the colors but not in a way that replicates a specific character. For example you are having a Hello Kitty themed party with plates, napkins, cups, and banners all Hello Kitty themed. I can make you a cake using pink, white and black . For example a cake that covered in white fondant trimmed in black fondant with a pink bow on top. But I can not make a sculpted character of Hello Kitty or draw her face on the cake.
There are many cake decorators that do not follow the law regarding Copyrighted images and would be more than happy to make you a cake that is carved to replicate a character BUT they are taking a huge financial risk for them self and you doing so. All it takes is one picture to be placed on their website, or a guest at the party to snap a picture of the cake and share it with the wrong person who contacts the copyright owner and a law suit gets started. There are departments within these companies that have the sole job in searching out copyright violators.
Im sorry, I would love your business but I must protect my business and my customers.