I got a call today from the owner of a well to do florist around here whom I had dropped off some biz cards for hew wedding planner. She wants someone to do her dtrs 1st birthday cake! I turned her down. She wants a copyrighted image. I explained to her it's illegal for me to reproduce a copyrighted image for the sale of a cake. So thanks, but no thanks for me. I told her I would happy to do anything else for her, however, too bad, so sad, no biz for me. She'll find someone else under the table to create it. I guess when all is said and done, at the end of the day I am supposed to feel great about it because I played by the rules. Well I dont, and I want to cry.

I´m sorry for you, that she didn´t buy a cake from you. But I think you acted right.

On funny thing is, schmuck is in german "Jewelry, jewel, high-class ornament". So try to think in that way - you are something special

You did the right thing... in a couple of days you will feel a lot better.

Awww, tuggy thanks =)

I keep thinking that this would have lead to more biz, but then again, losing $35 is better than paying $2500 in fines...ugh.

I've added a page to my website under "legalities"... feel free to browse. I think I am OK in posting that, correct?

Perhaps she will have a lot of respect for your morals and recommend you to any brides that come to her.

Sorry to hear that, I have had to do the same thing before.

If someone wants a copyrighted character I suggest picking a smaller toy from a toy store/department and I will decorate a cake for it then they can place the toy on the cake.

Just another alternative.

I like Tuggy's explination... maybe I should be a Schmuck more often!

HTH

Leily

This exact thing happened to me tonight too!
A lady wanted a sesame street cake for her son's 1st birthday and I said sorry but it is a breach of copyright laws for me to do it as I don't use edible images. She said she hates edible image cakes, so fingers crossed she might still come back to me, but I have even been scanning the net for sesame street cake themes to see if there is anything I could do that wouldn't include copyright, but it is one of those that has to include characters!
I also feel guilt at saying no, and it is playing on my mind, but I don't do copyright cakes and won't break that for one person.
I know the likelihood of disney etc finding me is probably slim, I just don't want to risk it.
I just wish I could forget about it, but I hate not being able to help!

why don't you decorate it so it is in a sesame street theme and then she can buy the toy accessories to put on it herself. Toddler gets fun toys, you stick to your guns, and she is a happy camper.

I don't know anything about legalities - I haven't looked into it. There are so many character pans, Dora, Sesame Street, whatever. I'm assuming it's legal to use one of those?

No, I can't legally do anything that resembles sesame street and sell it. No sesame st pans and I don't know any way to do a sesame street theme that is not recognisable as actually being sesame street either.
I just can't legally do it.

Sorry to sound so naive, but how can these pans be sold legally if people aren't allowed to use them? Or is it that you're allowed to use them, just not SELL the cakes you make with them?

EXACTLY gakali....you can make a copyrighted character....just can't sell it.

Good for you for maintaining ethics. You are a JEWEL. Loved Tuggy's definition.

I have heard of people who do not "sell" per se. They ask for a "suggested donation." It seems the same to me! Of course, then there is the entire issue of reporting revenue/expenses and "donations." What a mess!

Keep the ethics and you'll attract worthy clients.

Pam

I think you could keep your morals intact and make a sheet cake with bright primary colors...and let them add their own toys in the same colors.

But never feel bad for doing what you honestly feel is the right thing! Be proud!

here's another thread on the topic of using character pans and images.

http://www.cakecentral.com/cake-decorating-ftopict-29696-.html

When asked to do character cakes, the way I work around the price is have the person purchase the pan for me. I get to keep the pan as payment and they get the cake. It's a bit less than I would usually charge, but this way I get a free pan and no laws are broken!! Just my input!!

Patrice

i'm still pretty new to all of this--but is the big fear that Disney or Warner Brothers or whoever would come after little old us and say--- you owe me for all of the character cakes you've done? say....$200 or whatever? it seems soooo unlikely--i'm thinking they've got bigger fish to fry but i guess i understand both sides. is there a higher penalty that i'm not aware of? has this ever happened to anyone? (i can understand a big bakery or something....but other than that....???)

I am sure that disney etc has better things than to find lilttle bakers, but I have heard about a cake decorator who got a letter from a handbag company's lawyers (can't remember which..gucci, or someone) saying they would sue them for breach of copyright... so I prefer not to risk it.
I have also heard that disney has people employed whose sole job is to find copyright breaches.
The fine is not just repaying their royalties, it is a copyright breach fine and it is something along the lines of $20,000 or something. A figure I can't afford.
I just don't want to risk it.

I thought I read somewhere that it was legal to make a cake with the toy characters. It's just another way of them selling their products.

Guess I will not be making anymore character cakes...unless I plan on doing them free. I definitely can not afford $20,000. Thanks for the heads up on this.

Patrice

Hi,
I'm in Australia & my business is making original & unique cupcakes.....I've designed some really unique ones, have searched the net before hand for 3-4 years without seeing anything like them, have spoken to a copyright lawyer, yet on the photo site I'm on have come across some people who are intent on causing trouble by insisting I am wrong with everything. One person insists that cakes can't be copyrighted because they are pershables...but I was under the impression that it is the design that is copyright?? Even IF it gets eaten!!...so I would appreciate if anyone knows the real answer...(concerning Australia).
Thanks.........

P.S. My husband works in the movie industry & I remember him saying years ago that a certain company that may or may not be mentioned above.... are notorious for being really stingy, tight with money AND mean...his friend in the US who owns a huge movie business wont deal with them at all, so this topic with copying characters etc doesn't suprise me!
Wouldn't you think it would be free advertising for them??

I don't know a lot about the copyright laws when it comes to cakes, but I do know the character cakes are illegal to sell; and I know making an edible image yourself from copyrighted material is illegal, but purchasing them, and using them, as stated above is not...

However, when I worked at (insert warehouse, with a bakery inside, name here), and a customer would come to us with a picture that was indeed from a t-shirt, book, poster, etc. and wanted an edible image put on a cake from that picture we were told it was not allowed at all, BUT we were also instructed to tell them if their children drew the pictures themselves we would be allowed to turn that into an edible image and place it on the cake.

So, if the kid wanted spiderman on his/her cake, and drew spiderman on a piece of paper, we could then take said piece of paper, copy it onto the sugar/rice paper, then place that onto the cake.

Now, I'm not sure if this was entirely legal, but seeing (insert warehouse, with a bakery inside, name here) is a huge company, I doubt they would actually do something like that if it wasn't. That, or they just didn't care if they had to pay the fine were they caught.

Some of the pictures we would get to put on cakes were so incredibly cute, and the children were just thrilled to see something they drew themselves put onto a cake for their party. It gave them some bragging rights, almost like they made the cake themselves.. hehe

Hope this helps, some.

Holly

I'm in the process of moving all of my copyrighted cakes to a new page on my website with a "copyright" blurb on top of the page explaining the cakes cannot be reproduced and are simply on the site to show workmanship, etc. Nearly all of the cakes I've done with characters were for friends and family (no money exchanged) and I don't want to run the risk of being sued for breach of copyright!

So many customers want character cakes....so I'm going to purchase some edible images (although not very popular) and also some cake kits because folks don't realize just how cute you can make the cakes with kits on them! They think they are trapped with that ugly little cake in the book at the grocery!

So is it legal or illegal to decorate say a cake like the one in my gallery to look sponge bobish and have the parent place the candle on top at the party or can I place the spongebob candle on it?

((((((((((((((((((((((((((((((HUG))))))))))))))))))))))))))))))

Although it is not a great comfort, I admire your morals!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

(We need more people like you in the world.)

Even if you buy the cake kits you are required to decorate them the way they want you to. You can't take a total new direction with it and just place the pieces where you want. It stinks, but they are protecting their product.

It's best to play it safe.. I don't do character cakes at all.

but I don't mean even a cake kit, I mean a toy off the walmart isle or a candle or something?