Hi out there in cake land...
I have a legal question...I saw an awesome cake on planetcake.com for a 007 themed cake with (I assume the customer's face) with a bust of james bond- instead of 007 they used 0040...who do I ask for permission to make a similar cake? Sony/MGM? or planetcake? Or do I even have to have permission?!? I really want to do the right thing...I'm not sure what that is...This cake is for my father in law...and I need the cake for the end of the month!
thanks in advance,
Kim
I think permission is needed to sell the cake, but I don't believe it's necessary if you're giving it away. I hope someone else can be of more help.
It seems like every time I go to make a cake just like the one I saw - it gets changed. I don't think it is possible to make a cake the same every time or the same as someone else would make it. In my opinion, if there is any difference in the cake that you are making and the one on planetcake.com, that makes the cake your own. Maybe you can change the colors or something in the design that would make it your own personal design. There are many times that I put the design down on paper and it is nothing like it when I am done decorating it. For example - my son's graduation cake was nothing like I designed. My daughter's birthday cake was the same way and I try to follow the carousel horse box as close as possible.
Which brings up something else - would we have to ask Wilton every time we try and design a cake like we see on their website or on one of their boxes?
It seems like every time I go to make a cake just like the one I saw - it gets changed. I don't think it is possible to make a cake the same every time or the same as someone else would make it. In my opinion, if there is any difference in the cake that you are making and the one on planet.com, that makes the cake your own. Maybe you can change the colors or something in the design that would make it your own personal design. There are many times that I put the design down on paper and it is nothing like it when I am done decorating it. For example - my son's graduation cake was nothing like I designed. My daughter's birthday cake was the same way and I try to follow the carousel horse box as close as possible.
Which brings up something else - would we have to ask Wilton every time we try and design a cake like we see on their website or on one of their boxes?
Good point....about Wilton cakes, can you sell these. For Example if you let a customer look at some catalouges to get ideas and they tell you they want "that one". I mean they give you the instructions......
My impression is that Wilton wants you to use their designs and buy their products. Disney, etc. has copyrights to their character pans; if you want to sell a character cake, you need permission. However, the character pans are sold at the cake supply stores for home use without copyright concerns. Any cake design on the web or in books are free-game to copy, as far as I can tell.
Those cakes are awesome. I love it when everyone attaches links to new sites I haven't seen yet. Thanks and I love the 007 cake.
As far as copyright laws, if you are not making money from the cake, you can use the copyrighted 007 design. If it is a giveaway cake for your father in law, go for it. It is the same with any copyrighted company..eg disney etc that you can use it for cakes that are not sold. You do not have to ask permission from the copyright holder unless you are selling it. Planet cake would most likely not have paid for a copyright and are probably doing theirs in breach of copyright laws, so they would not be involved in the permission process if you want to sell your cake.
I love James Bond, am a freak for all those movies! Still love Roger Moore!
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