Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › WHY am I worrying about copyright laws...?
New Posts  All Forums:Forum Nav:

WHY am I worrying about copyright laws...? - Page 3

post #31 of 134
Oh ok. This really sucks though, lol. Although I do understand where they're coming from.
Quote:
Originally Posted by jason_kraft View Post

A good of rule of thumb is that if an average person who looks at the cake will think "hey, that's (character name)", you are probably infringing.
post #32 of 134
Actually, this happened to me not to long ago. I make great pieces of art with fondant. I was asked to make "Angry Birds" pieces for a cake to use as toppers. So, I made them all out of fondant, from scratch. They resembled them closely, but not down to the detail. I posted the piers for the client to purchase through Etsy, and in less than 24hrs, I was any an email from Etsy that had a letter attached stating that the creators of "Angry Birds" had contacted Etsy due to copyright infringement and my listing was deleted.

I was amazed that after I had put all that effort into making the pieces, and the looked like the ignites but not completely, that I was still in violation.

I find it hard to swallow, that people can take an image of something and change the color and flip the image and it is not in violation, even though you clearly know its from somewhere else. I was told that by making changes to original work to make it look different and it was acceptable, but making "handmade" designs of known characters isn't.

If this were the case, then people's art ability of making custom character cakes, to me will not be appreciated as much, by buying a plastic character topper.

Jut saying...
post #33 of 134
I agree
Quote:
Originally Posted by ChrystysCreations View Post

Actually, this happened to me not to long ago. I make great pieces of art with fondant. I was asked to make "Angry Birds" pieces for a cake to use as toppers. So, I made them all out of fondant, from scratch. They resembled them closely, but not down to the detail. I posted the piers for the client to purchase through Etsy, and in less than 24hrs, I was any an email from Etsy that had a letter attached stating that the creators of "Angry Birds" had contacted Etsy due to copyright infringement and my listing was deleted.
I was amazed that after I had put all that effort into making the pieces, and the looked like the ignites but not completely, that I was still in violation.
I find it hard to swallow, that people can take an image of something and change the color and flip the image and it is not in violation, even though you clearly know its from somewhere else. I was told that by making changes to original work to make it look different and it was acceptable, but making "handmade" designs of known characters isn't.
If this were the case, then people's art ability of making custom character cakes, to me will not be appreciated as much, by buying a plastic character topper.
Jut saying...
post #34 of 134

I guess it's best not to go against the Law. That said, that let that hamper your creativity! There are alot of wonderful bakes and they don''t require you to put a [insert well known character] topper on your bake to make it beautiful! 

Check out our creations @
Website : http://mydearbakes.wordpress.com/
Facebook : http://www.facebook.com/mydearbakeslittlebakery
Se ya there! =)
Reply
Check out our creations @
Website : http://mydearbakes.wordpress.com/
Facebook : http://www.facebook.com/mydearbakeslittlebakery
Se ya there! =)
Reply
post #35 of 134

What if you buy characters and put them on the cake, is that still illegal?

or would you tell the customer to buy it themselves and you would put the characters on top?

post #36 of 134
Quote:
Originally Posted by passion4baking View Post

would you tell the customer to buy it themselves and you would put the characters on top?

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply
post #37 of 134

Got it icon_wink.gif

post #38 of 134

Bakers can certainly use decopacs or licensed figures on their cakes.

post #39 of 134
Quote:
Originally Posted by jason_kraft View Post

Any time you copy someone else's original work without their permission, you are infringing on their copyright (with a few exceptions for fair use like education and parody). Of course if you are making an infringing cake for your close family and friends, and no one posts any pictures of the cake online your chance of getting caught is virtually nil.

My question is, why does the Disney website have step by step instructions to make character cakes, cupcakes, and other snacks? If they didn't want to allow a mom to make a Mickey ears cake for her child, why would they post the instructions? (I am NOT referring to selling a cake, just family cakes, no selling involved.) It seems that they are giving permission, at least for those particular designs. Also, they don't have anything listed saying you cannot post your finished cake, using their instructions, in your Facebook page. I think stuff like that confuses people greatly.
post #40 of 134
Quote:
Originally Posted by SecretAgentCakeBaker View Post

My question is, why does the Disney website have step by step instructions to make character cakes, cupcakes, and other snacks? If they didn't want to allow a mom to make a Mickey ears cake for her child, why would they post the instructions? (I am NOT referring to selling a cake, just family cakes, no selling involved.) It seems that they are giving permission, at least for those particular designs. Also, they don't have anything listed saying you cannot post your finished cake, using their instructions, in your Facebook page. I think stuff like that confuses people greatly.

My guess would be that the people at Disney responsible for posting those instructions did not necessarily get clearance from the Disney legal department, otherwise there would probably be a legal notice relating to the tutorials similar to the one for submissions for contests hosted by Disney web sites:

"To the extent that we solicit Submissions through features or activities on or through WDIG Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. "

http://corporate.disney.go.com/corporate/terms.html

IMO if you are following a tutorial on Disney's web site to create something for personal use using their characters, the risk involved is extremely low.
post #41 of 134
Quote:
Originally Posted by BatterUpCake View Post

Bakers can certainly use decopacs or licensed figures on their cakes.

Yes. They can purchase decopacs but must use them within very specific guidelines.

No, unless they have a license to resale, it is unlawful to use purchased licensed characters. Also, some of the places that sell them (like Etsy) do not have permission to create them. I'm thinking specifically of cupcake toppers made on some crafty persons edible image printer.

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply
post #42 of 134

I was thinking along the lines of bakeries using them. I know some of them have to be used only with specific designs, but are you saying they (bakeries, grocers) have to have a license to put them on their cake even though they purchased them?

post #43 of 134
Quote:
Originally Posted by DeliciousDesserts View Post

No, unless they have a license to resale, it is unlawful to use purchased licensed characters. Also, some of the places that sell them (like Etsy) do not have permission to create them. I'm thinking specifically of cupcake toppers made on some crafty persons edible image printer.

The First Sale Doctrine allows you to purchase a licensed character product and resell it without permission. If the product is unlicensed (e.g. someone just made it out of gumpaste and sold it on Etsy) then it is infringement.
post #44 of 134

Going back to OP I have to say, I have always wondered the same thing. There are so many "famous" decorators out there with cartoon character cakes and commercial product cakes in their portfolios, I have to wonder why a customer would even believe you if you say that you won't infringe on copyright/trademark. 

 

and I don't think any of them are getting permission from the rights holder, either. It is frustrating and I think it comes back to a personal decision about what you're willing to risk. I'm sure an argument could be made that by letting "so and so famous baker" infringe that precedent has been set, but there is also the argument that no trademark holder is able to police the entire world of infringement either. 

 

anyway, i understand where OP is coming from and I personally wouldn't make myself sick over a character cake--if I could execute it well and with a little flair--and that's a big "IF" IMO.  icon_biggrin.gif

 

jen

post #45 of 134
Quote:
Originally Posted by jason_kraft View Post


The First Sale Doctrine allows you to purchase a licensed character product and resell it without permission. If the product is unlicensed (e.g. someone just made it out of gumpaste and sold it on Etsy) then it is infringement.

I'm glad to hear that! I'm doing a Tink cake right now...........whew....I read all kinds of stuff on it. But it seems there is so much conflicting info. I did read case law about First Sale Doctrine

New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Cake Decorating Business
Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › WHY am I worrying about copyright laws...?