Okay. If you make a cookie cutter yourself of a copyrighted character, say Elmo, and decorate it like Elmo, and sell it as an Elmo cookie, is that not copyright infringement?
Although you made the cutter yourself, the image alone is copyrighted, right down to the red furr and giggles. No matter how you cut the cookie. ![]()
Just so I'm clear on this issue, it's okay to use copyrighted images as long as you don't SELL the item, correct? I understand the companies don't want anyone to profit from their licensed images, but it's okay to do, say, for family? (thinking of all the licensed images I've used on my kid's cakes...)
DH was kind enough to bring this subject to my attention while I was putting several copyrighted images that I spent weeks making on my son's cake.
As far as selling copyrighted images, I prefer to think that it challenges our creativity to capture the "spirit" of the character without actually infringing. ![]()
Okay,not really, but why not be optimistic, since there's nothing we can do about it ![]()
Just so I'm clear on this issue, it's okay to use copyrighted images as long as you don't SELL the item, correct?
Yes, as long as you are not selling it it is okay. This is why the Wilton character pans are stamped for home use only.
That's what I thought. It's not me, it's on a website I found for another cookie decorator in my area. I hope she knows what she is doing! I wouldn't think that an individual would have the copyright license like a grocery store would. I'm sure you have to pay for that right, no? She has been in business for a while, so maybe she did. I don't know. Just looked fishy to me.
A. She might not know about the laws, or really understand them. How often do we have posts on here asking about them.
B. She may have paid the bucks to be able to sell them.
C. She may just think as long as she doesn't get caught it's okay.
My guess is she doesn't know
I wouldn't have if it weren't for CC
so true
i wouldnt have thought anything of it.....until i 1st saw it here years ago
I live in Australia and we have the ABC tv station (Aussie one, not the american ABC). They show sesame street etc.. but also Bananas in Pyjamas and Play School and some other great things that are copyright to them. I emailed them and asked if it would be ok if I used the characters copyrighted to them for my cake and cookie decorating. They said they were happy for me to do that (they don't want a cent) as I wasn't some huge corporation trying to rip off their money.
I guess what I am trying to say is, just send a quick email, or letter or phone call, and you might find they are more than happy for you to use their characters. As long as you have permission, you shouldn't have a problem and getting permission is obviously fairly easy. I think they would have a problem if you were mass producing cookie cutters and everything, because that is something they could be making money off. But as for cakes and cookies, its sort of free advertising - the more kids see something the more they love it, plus if its an Elmo themed party you are going to buy the plates, cups, loot bags etc...
Just to reiterate my point so no-one gets the wrong idea - its wrong to sell without permission, but its not that hard to ask! ![]()
That's a good point! She is just one person making cookies, not a huge production. I never thought of it that way. For her sake, I hope she did make that phone call, but it's not like I'm going to turn her in. I made the label for my first cookie sale last night and forgot a few ingredients. It's for an old boss of mine and I'm praying she doesn't turn me in. LOL!
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