Originally Posted by maendings
Honestly, Disney and the other people that want to sue us need to get a life. These characters have been around since the 1930's. People have grown up with them, had their kids watch them buy their stuff, go spend a cazillion dollars at their theme park and they are worried about some caker trying to etch out a living by putting one of their figures on a cake. It's a compliment for heavens sake. It's usually for a kid and kids are what bring the parents to the show, theme park, store , buy books,whatever to spend the money to buy the STUFF. It makes no sense because it will never be absolutely positively the same as theirs. It's a knockoff, just like a dress....or a painting or a cake!!
Maybe the argument that drives me the craziest of all. Having your intellectual property stolen is not a "compliment".
Also, by law, companies are required to follow through when they become aware of copyright infringement, or they risk losing their copyright and their legal right to that image. Do you think Disney has a vested interest in keeping and protecting its copyrights? You bet. To the tune of millions and millions and millions (heck, it could even be billions) of dollars per year in licensing revenue.
I did receive a cease & desist letter from Jack Daniels, for the "Old Fart" cake in my gallery. They were certainly not flattered. They asked me to remove the photo from my web site and not sell any more of those cakes. My lawyer and I decided it would be cost-prohibitive to argue with them over whether or not my cake was a legally protected parody (which we felt it was), and I took it down. It was a nice enough letter, as those things go, but it was still a cease & desist letter, and no one ever wants to get one of those.
You'd be pissed if someone stole your cake photos and used them as their own. Happens all the time, there's even a Facebook page devoted to it. There's not much difference.