Copyright Characters. Anyone Know How To Get Permission?
Business By krissy_kze Updated 2 Mar 2006 , 4:58am by southaustingirl
Thank you so much DDiva for that information. I think you might have cleared up some of the confusion on the copyright situation.
Leslie
ncdessertdiva
I emailed my cousin who is a lawyer. She has a friend that specializes in that kind of law so she said she'd try to get me some free legal advice.
I'll let you all know if I find anything else out!
-Krissy
I am kinda curious here..I know we are supposed to NOT copy disneys cinderella..but as far as using the name cinderella..I am certain disney does NOT own that... it is a story that originated in the 1600's derived from a peasant tale that was actually a little gory and churched up by Perrault to make it more enjoyeble to readers...I am sure the blue gowned disney version is theirs...but NOT the name...Cinderella. I know the disney one is what we all grew up with and is the recognizable one that all the kiddies want. But I wouldnt be afraid to do a version of cinderella ( not copying theirs) and call it cinderella.
I read a ton of stuff on this very subject. The example I read used the name Apple, to refer to Apple Computers. Apple Computers does not own the word Apple (since its a fruit). So you can use the word Apple. But if you use the word Apple in a reference to a computer, then its an infrigement of trademark laws. (even if its not the Apple Logo). This was from a Copywrite/Trademark lawyer. So in this case, I wouldn't call her Cinderella (since you are infringing on the original author of the story, not just Disney) but I would call her a princess...
With the invent of the internet, and the large amount of pirating of DVD's, CD music, and such, trademark and copywrite is getting hit harder on. So use bakers are going to be put into that lump. Did you know that it is illegal to even copy a photo of Cinderella from Disney's web site and put it on your web site, without the express permission of Disney?
Also, these laws do not just apply to those who are selling cakes. It applies to those who are giving away cakes as well.
I would stick to just doing cakes of your own creation...
btw, when my daughter got married, we wanted to put photos on all the tables of the kids when they were little of various ages. I couldn't even get copies made of school photographs..the photo place told me THAT was even a copywrite infrigement and I would have to get permission to get reprints! That is how crazy it has gotten.
But back to the subject, how DO you go about getting permission? Iwould love to get some nascar permisison as Nascar is very big here!
Call the company or organization that owns the copyright or trademark and ask them!! You may have to do a little research to find a number, and you may get transferred all over the place like I did when I called Disney. But you'll find that they are very accommodating and helpful.
I call colleges and universities all the time to use their mascots on a cake. Large companies may have you sign an agreement not to use the image in advertising or in an inappropriate way. They usually fax it, you sign it and fax it back.
Every place I've ever called, when asked, ALWAYS laughs that I even bothered, but they did appreciate it. And I've always been told basically the same thing (mostly from the large corporations), just don't advertise the item that the image was used on.
This has been a hot issue for years. Every bakery I've worked at has explicity told customers that they "cannot reproduce characters" from coloring book pictures, etc because of copyright laws, especially with Disney--they only use character toys or licensed edible transfer sheets.
Personally, I don't see the harm of making a buttercream transfer of Winnie the Pooh or a Spongebob-shaped cake. (Do you know how many bakeries make college logo cakes without permission?!) However, I am very careful not to advertise these, put the pictures on the website, or serve them at very public events. The rules are just too hazy, but I have heard of bakers being prosecuted for infringement. I used to hear stories about Disney employees checking the internet for bakers with character cakes, but hopefully that's just a myth.
What about making and selling a cake or cookie with the image of Elvis printed on it? Or the Beatles? Or some other famour person or group?
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