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FOR THOSE WHO DONT THINK THE COPYRIGHT LAW IS REAL....  

post #1 of 131
Thread Starter 

There was a thread yesterday, with a person who did not take the copyright laws serious. So allow me to share my story:

 

I have a friend. She owned a licensed bakery, one day she re-created a purse. A very famous one, for a client. It was really really good, I mean the work was flawless. That being said, this was her most famous cake, she put it in a portfolio and on her website. A year goes by...she gets served with papers. She's being sued for copyright infringement. She tried to settle, they were not interested. They took her to court she was ordered to pay 200,000 to this company. She didn't take the laws serious enough, and she paid dearly for it.

 

I said all this to say, they WILL find you. She was successful yes, but far from famous. And they caught her. It is honestly NOT WORTH IT to recreate these characters that are licensed. I know you really want that order. But losing that one order is not so bad when you think about this could be you. I just wanted to share the story, if any of you are thinking about doing it. Don't. 

post #2 of 131
I know you mean well.

This, like so many others, is too vague for anyone to take it seriously.

In order to really get anyone's attention, you'll need to use verifiable facts including names.

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)
 

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)
 
post #3 of 131
Thread Starter 
The company was Louis Vuitton. Unfortunately I will not reveal the name of my friend, who it happened to (I know that you're not asking me to do that, so that's not directed at you)

I also shared the story because someone mentioned it in the other thread, and I didn't have time to explain it right then.

I guess ultimately people do what they want. But I thought being a witness to someone being prosecuted for it would deter people. And maybe it will for a few people.
post #4 of 131

That's such BS...not your warning, but the $200,000!  Ridiculous!  I could see the amount she charged for the cake plus some extra to cover court costs (maybe THAT is why it was so high a fine).  Maybe I would feel differently if I was LV, but.....geesh!

 

I have done a few copyrighted cakes. I can count on one hand the number of them that I have gotten paid for years ago.  Any others were for gifts.  I stopped doing them once I realized that I didn't want to be "that baker", the one who does almost nothing but characters, and leaving almost nothing to my own creativity.

 

Once I found out the extent of the fines, that just firmed my resolve not to do them (unless they have purchased figures to put on the cake).

 

Maybe the key is to do crappy work if you're going to do it...obviously doing a FANTASTIC job will bite you in the A$$!

Aah, cake. . .the 5th food group!!
Aah, cake. . .the 5th food group!!
post #5 of 131
Thread Starter 
They had a thing out for her (my opinion) they chose her to make an example out of it seems...it's really rather sad to see
post #6 of 131
Um, if it was a lawsuit and there was a judgment, then it is a matter of public record. A quick search of the internet or a legal database would prove whether this story has any merit.
Plank.
Plank.
post #7 of 131
Thread Starter 

Im rather surprised at the skepticism. Who would make up a story to prove that copyright laws dont exist? Is there some history of this I dont know about. It seems that there is. 

post #8 of 131
Thread Starter 

At any rate, It just was to serve as a warning that companies can and will do go after people. Thats all. I didnt think that there would be a discussion of the merits. I mean it is of no benefit of me to lie about it? Idk. 

post #9 of 131
Why would anyone on the internet make up anything? I don't know. I'm just saying that if you are reluctant to share her name, if there is such a case, it can be found by searching for Louis Vuitton lawsuits. For the Google fans here, it should keep them busy for a few minutes. LOL!
Plank.
Plank.
post #10 of 131
Thread Starter 
Ohhhh. YES GOOGLE lol. I guess I could always just ask her but she's kind of embarrassed about the whole thing. Id hate to have her see me using her as an example on here.

One time I said something not so nice about my sister in law in a thread and she saw it. Not fun
post #11 of 131
Quote:
Originally Posted by BrandisBaked View Post

Um, if it was a lawsuit and there was a judgment, then it is a matter of public record. A quick search of the internet or a legal database would prove whether this story has any merit.
My search didn't yield anything.
post #12 of 131
Quote:
Originally Posted by BrandisBaked View Post

Why would anyone on the internet make up anything? I don't know. I'm just saying that if you are reluctant to share her name, if there is such a case, it can be found by searching for Louis Vuitton lawsuits. For the Google fans here, it should keep them busy for a few minutes. LOL!

Searching for court cases is more complicated than just using Google, and usually involves paying a fee for access to the court records, as well as knowing which court the lawsuit was filed in. There's also the matter of LV being quite litigious so there would be a long list of lawsuits to sort through.
post #13 of 131
Quote:
Originally Posted by BeesKnees578 View Post

That's such BS...not your warning, but the $200,000!  Ridiculous!  I could see the amount she charged for the cake plus some extra to cover court costs (maybe THAT is why it was so high a fine).  Maybe I would feel differently if I was LV, but.....geesh!

If the plaintiff sustains the burden of proving infringement occurred (meaning they had a strong case) statutory damages top out at $150K per infringement. Add $50K for legal fees and the $200K judgment is what you would expect for the maximum penalty of a single infringing work.

http://www.copyright.gov/title17/92chap5.html#504
post #14 of 131
Thread Starter 
So it seems like I should have gotten all details and permission from her prior to posting this. It really was to only lend a real world verification if you will, that these things really do happen.

So that's really the gist.
post #15 of 131
Quote:
Originally Posted by morganchampagne View Post

They had a thing out for her (my opinion) they chose her to make an example out of it seems...it's really rather sad to see

Can she appeal the fine amount?  Seems excessive.  There is also the matter of collecting on the judgement.  Just like with traffic fines, one cannot be forced to pay the entire amount all at once.

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

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