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WHY am I worrying about copyright laws...? - Page 5

post #61 of 134
Copyright law affects everyone, regardless of whether or not they operate a business or charge for the final product. If a character, logo, or some other original design is copyrighted, then you need permission to recreate it, period. Typically the easiest way to do this is by calling the copyright owner and speaking to someone responsible for licensing. Email, snail mail, and faxes are too easy to ignore.

Some copyright owners will allow unlimited use, some will allow only personal use, some will ask for a license payment, and some won't allow any use at all. If you have a business, I find it better to require the customer to obtain permission to reproduce copyrighted material, so if the copyright owner turns them down the customer is mad at them, not you.

Copyright owners typically find out about infringement through pictures posted publicly. From a practical standpoint if no one posts any pictures of the infringing cake there would be virtually no way to get caught.
post #62 of 134
Quote:
Originally Posted by jason_kraft View Post

Copyright law affects everyone, regardless of whether or not they operate a business or charge for the final product. If a character, logo, or some other original design is copyrighted, then you need permission to recreate it, period. Typically the easiest way to do this is by calling the copyright owner and speaking to someone responsible for licensing. Email, snail mail, and faxes are too easy to ignore.

Some copyright owners will allow unlimited use, some will allow only personal use, some will ask for a license payment, and some won't allow any use at all. If you have a business, I find it better to require the customer to obtain permission to reproduce copyrighted material, so if the copyright owner turns them down the customer is mad at them, not you.

Copyright owners typically find out about infringement through pictures posted publicly. From a practical standpoint if no one posts any pictures of the infringing cake there would be virtually no way to get caught.

Thank you for the explanation. All make sense and its more clear for me.

post #63 of 134

What's the issue with getting the permission to recreate something on your cake? Is it expensive to get it or what?

post #64 of 134
There isn't always/often a charge - the issue is usually trying to get hold of the right person, and then the problem is that they may already have an exclusive licensing agreement which does not allow them to give you permission.
elsewhere.
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elsewhere.
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post #65 of 134
Quote:
Originally Posted by kikiandkyle View Post

There isn't always/often a charge - the issue is usually trying to get hold of the right person, and then the problem is that they may already have an exclusive licensing agreement which does not allow them to give you permission.

thank you kikiandkyle let's say you get the permission, is it to be used only once or for a certain period of time?

post #66 of 134
It varies. Some people only get a one-time use and others may get an open ended permission. It depends on the situation.
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elsewhere.
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post #67 of 134
Quote:
Originally Posted by kikiandkyle View Post

It varies. Some people only get a one-time use and others may get an open ended permission. It depends on the situation.

thank you kikiandkyle :)

post #68 of 134

I am so with you. I am actually relieved that the copyright laws give me an excuse to say no. Especially Disney cakes. I would rather not, ever, thanks.

True dedication is a lactose intolerant baker.
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True dedication is a lactose intolerant baker.
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post #69 of 134

I was shocked when I saw this a few weeks ago, although he is one of my favorite cake designers, he might give some people the impression that its okay to do character cakes. But I'm quite sure that by taking a minimum of $500.00 per order at $15.00 per serving, he has paid for the licence to use them, lol

 

http://www.weddingcakes.com/#/collections/for-little-ones/

"You don't have to be great to get started but you have to get started to be great"

 

By a very smart 6 yr old

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"You don't have to be great to get started but you have to get started to be great"

 

By a very smart 6 yr old

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post #70 of 134

Hi Jason,

 

I have a cakepop business, and I commonly receive requests to make character-themed cakepops such as those in the photo to which the link directs you.  If I have read the material here correctly, is this illegal?

 

Thanks!

 

https://www.flickr.com/photos/9736857@N04/12482441285/

post #71 of 134
Quote:
Originally Posted by mariabambina View Post

Hi Jason,

I have a cakepop business, and I commonly receive requests to make character-themed cakepops such as those in the photo to which the link directs you.  If I have read the material here correctly, is this illegal?

Thanks!

https://www.flickr.com/photos/9736857@N04/12482441285/

Unfortunately, Jason is no longer a member of this community, so he won't be responding to your post icon_sad.gif
post #72 of 134
Quote:
Originally Posted by enga View Post
 

I was shocked when I saw this a few weeks ago, although he is one of my favorite cake designers, he might give some people the impression that its okay to do character cakes. But I'm quite sure that by taking a minimum of $500.00 per order at $15.00 per serving, he has paid for the licence to use them, lol

 

http://www.weddingcakes.com/#/collections/for-little-ones/

 

It's funny I saw a hello kitty cake on there.. A couple of years ago I actually emailed sanrio, inquiring about licences etc.  and they basically said "no way, no how"  I'll see if I can dig up exactly what they said

post #73 of 134

Here is my inquiry:

 

Hello, 

 
I am inquiring about licensing for Hello Kitty.  I am a home baker and would like to know if it's possible to obtain a license to sell Hello Kitty cookies and cakes.  If this is possible, what is the process that would need to be undertaken? 
 
Thank You, 
 
Heather MacDonald
 
 
Here is their response:
 

Hi Heather,

 

Thank you for your interest in Sanrio!  In order to use our trademarked property on product for resale, you would need to obtain a license from our office.  Unfortunately the type of business you run at this time makes it very complicated for us to grant such a license.  We will keep your information on file and contact you should anything change in the future.

 

Best,

 

Nice Lady,

Associate Licensing Manager

11-sanrio_mailbox_FINAL

Sanrio, Inc.

21535 Hawthorne Blvd. Suite 410

Torrance, CA 90503

 

310-896-3262 Main

310-896-3275 Direct

310-792-7363 Fax

post #74 of 134

The possibility exists: that a world famous exclusive Cakery does have company permission to use copyrighted logos.

Of course we all have our limits, but how can you possibly find your boundaries unless you explore as far and as wide as you possibly can? I would rather fail in an attempt at something new and uncharted than safely succeed in a repeat of something
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Of course we all have our limits, but how can you possibly find your boundaries unless you explore as far and as wide as you possibly can? I would rather fail in an attempt at something new and uncharted than safely succeed in a repeat of something
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post #75 of 134

A few months ago I had a SUPER nasty falling out with the owner of a full service custom cake bakery  that I had been working at for over 2 years.

 

Long story short, she didn't give even half a damn about copyright laws and after we parted ways I shot out copyright infringement emails to absolutely every company that I could find that had a cake in her albums.

 

Nothing came of them, and it infuriates me to absolutely no end.  Just checked right now and over the past few months she continues to post Mickey, Hello Kitty, and everything else =/

 

I understand the laws as best as I think anyone else on this forum does, and I absolutely can't stand it when a baker will knowingly go into a contract with a guest with intent to recreate a copyrighted piece of art.  I specialize in "geek/nerd culture" type projects (Video games, cult TV shows, movies, technology, extreme cake elements etc) and there is actually another nationally known bakery that blatantly disregards copyright and sits comfortably in the niche that I occupy.  The difference?  She is nationally known because she is able to make things more "accurate" to the source material by using characters and logos that don't rightfully belong to her.

 

Don't get me wrong.  The lady I am talking about above is ridiculously talented, but she is flat out stealing a piece of my pie.

 

TL;DR - It is morally apprehensible and it is a straight up eff off to legitimate bakers.

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