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WHY am I worrying about copyright laws...? - Page 4

post #46 of 134

Some Company's pay for the use of copyrighted material.Therefore they can sell you the edible lay ones ect. Shape pans are for personal use and you can do copyrighted things if you are not selling them. Otherwise you can do things like Mickey's ears ect. or plastic on top of cakes.That's my understanding.
 

post #47 of 134

I purchased a Disney Tinkerbell candle cake topper

post #48 of 134

Just saw Krazy Kool Cakes advertising a Mickey Cake class.   So I am assuming that a cake like this is OK to recreate. 

 

 https://www.facebook.com/photo.php?fbid=555199977872873&set=a.182417265151148.46403.174592105933664&type=1&theater

post #49 of 134
Quote:
Originally Posted by kblickster View Post

Just saw Krazy Kool Cakes advertising a Mickey Cake class.   So I am assuming that a cake like this is OK to recreate. 

 https://www.facebook.com/photo.php?fbid=555199977872873&set=a.182417265151148.46403.174592105933664&type=1&theater

Considering this class is not sponsored, hosted, or sanctioned by Disney in any way, the safest assumption is that it is most definitely NOT OK to recreate.
post #50 of 134
Quote:
Originally Posted by kblickster View Post

Just saw Krazy Kool Cakes advertising a Mickey Cake class.   So I am assuming that a cake like this is OK to recreate. 

 

 https://www.facebook.com/photo.php?fbid=555199977872873&set=a.182417265151148.46403.174592105933664&type=1&theater

I really want to know what is "new and innovative" about the Mickey cake! 

 

Like everyone else, I do get bummed out when I see famous bakers with copyrighted cakes. I get even more frustrated when I see CC promoting various themed cakes (like top Pixar Cakes) that are clearly made by professionals and not just hobbyists doing it for no money. But you just have to stick to your principals and decide what is worth it for you. To me, making a Mickey cake like Krazy Kool Cakes isn't worth it nor is it that creative. 

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post #51 of 134

hi i am new to here so please send me packing if this has been answered already. i understand it is breaking copyright laws to sell the characters on he cake. but how do we stand if we sell the cake (with just colouring matching) but give the characters on the cake as a gift? is this still breaking the copyright?

 

again i apologise if this has been answered already.

TIA

post #52 of 134
Quote:
Originally Posted by Ickle Bites View Post

i understand it is breaking copyright laws to sell the characters on he cake. but how do we stand if we sell the cake (with just colouring matching) but give the characters on the cake as a gift? is this still breaking the copyright?

This is still infringement if you created copies of the characters yourself without permission. Trying to be creative to circumvent the law can make things worse since it shows you were aware of the law and actively tried to get around it.

If you buy licensed characters you can legally include them on the cake or resell them without permission.
post #53 of 134
icon_smile.gif yer I was on about buying the characters. Say for example if I brought a Disney princess and put it on a cake but didn't charge the customer extra for the figure. So it came free with the cake.

I understand charging the customer extra for figures is against the law as I am making money on it. But wasn't sure about giving them away.
Thank you for your response. I will not recreate characters either.
post #54 of 134
Quote:
Originally Posted by Ickle Bites View Post

icon_smile.gif yer I was on about buying the characters. Say for example if I brought a Disney princess and put it on a cake but didn't charge the customer extra for the figure. So it came free with the cake.

If it is a licensed figure you can charge the customer without any problems...it would be no different than buying the figure by itself and selling it someone else.
post #55 of 134

I think I know the answer to this question, but; I know you cannot put trademark/liscensed characters on a cake without permission.  Is there anyway bakers can get permission or do companies typically ignore or decline such requests?  I'm sure at some point someone has asked, but I'm guessing if the baker is able to speak to anyone at all, they may be directed to the array of plastic products they can buy.

post #56 of 134

Yes, just contact the owner of the trademark, you can usually find their contact info on their website. Usually it is the legal department that you need to speak to.

 

People contact them all the time to ask, with some success. It never hurts to ask.

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post #57 of 134

You can certainly try to get permission but with my experience, you are generally ignored or they take months to get back to you only after you have emailed, certified mailed, and faxed your request sometimes even several times. You also have to make sure you are contacting the right department or you never hear back from them. Then, many times they say no.  I have stopped trying to get permission for many things and just tell the customer they will have to abide by the law and have purchased licensed merchandise added to the cake or attempt to get the permission themselves by a certain date. 

 

The only time I still actively pursue permission is with sports themed collegiate cakes. I always seem to have success with getting permission for those.  HTH

Creating works of art every chance I get! And yes, I am licensed, permitted, inspected and insured! Check out my website!

 

www.letmecallyousweetart.com

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Creating works of art every chance I get! And yes, I am licensed, permitted, inspected and insured! Check out my website!

 

www.letmecallyousweetart.com

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post #58 of 134

Can you tell me what Department you have talked to and if you have emailed, certified letter, or exactly how you got ahold of them please? I would love to go ahead and start getting permission from the sports teams. 

post #59 of 134

Even thought all you guys say make sense, when I started to bake, I never thought they had copyright rules for bakers to follow.  

 

I don't mean to hijack the thread but I'm curious, do these copyright rule apply to scratch bakers or just for businesses? and if so, how that works? It might be a silly question but bare with me, I'm a newbie :P

post #60 of 134

You can't sell an unlicensed recreation of a character, that is what matters. Not a business, not a person on the corner, nobody. 

 

Some of what you see online has been created for personal use, some has been done with permission, some people just either don't know or don't care. 

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