Copyright Issues? Anyone....
Decorating By purplebutterfly1234 Updated 22 Sep 2007 , 2:05pm by ljdills
but this doesnt make sense, the gallery is full of copy righted material and Im pretty sure that all the gazillion photos of those cakes are not freebies.
Just because it is illegal doesn't mean people don't do it anyways. They just run the risk of being caught and fined.
No different than the driving over the speed limit, it is illegal but there are millions of drivers everyday that do it - but not all of them get caught.
I'm baaaaack.........
okay: YES You have to be careful with logo's as well. Pro teams OWN the rights to their logo's. Even college teams (maybe not all - I'm not sure) OWN the rights to the use of their logo's. You don't.
When it comes to brand name, trade names, etc......wait for it.................I don't know (can you believe it???) but I would ere on the side of caution and not do it. My guess would be that Bacardi (or whoever) has paid someone to create that label, logo, packaging (whatever you want to call it). So, someone whether it's Bacardi or the Ad Agency, or whoever came up with it owns the rights to it.
We all keep trying to get around it but no matter how you look at it-most things are owned, copyrighted, whatever, and you need to steer clear.
I do a lot of clip art stuff that is made for anyone's use.
LisaMH (soon to be known indefinately as Arnold -but has no one to blame but herself) 
For Eye: No Big Bird is a no-no. Look at your Wilton pans. If they are stamped "for home use only" That means you may not do them. I'm not sure how else to say it. You bought it to use for your own personal use but you can not sell these.
The Teddy Bear (for example) doesn't have this. It's generic and is "free game". These fall under the catagory of "shaped pans". "Character pans" are the no-no's (Mickey Mouse, Barney, Barbie, you know them) are ALL off limits. The Teddy Bear, Party Hat, Butterfly, etc....Go Nuts With 'EM. Leave the Licensed Characters alone.
I guess there will always be questions on this...don't worry...I'll be lurking in the shadows.... 
Maybe I work for Disney...will anyone ever really know????
Again for EYE: I never directly answered your question (had to stop and run my daughter to school). NO you can not decorate the cake like the pictures and sell them. You can only use those specific designs for your own personal use. As soon as you take a penny it's copyright infringement. You may not sell these cakes in any way, shape, or form under any circumstances - EVER!!!
The pictures provided are so you keep the integrity of their character for your own personal cake.
Integrity is why you see some cake pans with plastic face makers. Barbie, the old Pocahontas pan came with these because #1 most home decorator's couldn't make a face that small and detailed, #2 it actually will look like B or P when you were finished (the skirts are left up to slight interpretation) #3 Barbie is a doll whose face couldn't be realistically made in frosting. She's not a cartoon image she's a doll. Hope that makes sense.
Oh boy, here's another one, sorry...I gotta say 'em as they cross my mind:
The stand up doll cake pans - come with doll picks. Use them. A "Barbie" doll poked into the cake AND SOLD is again, YOU profitting from someone else's character. The customer could poke one they bought in there but I wouldn't trust someone to not ruin the skirt part that I made by doing so. I wouldn't allow anyone to do this anyway because, ultimately, my name would be associated with it. If the customer ruined it my name would be mud not hers. So: stand-up Barbie cake: NOT LEGAL TO SELL!!!
For everyone: something occured to me taking my daughter to school and seeing all the logo's on businesses. I was explaining this topic and what I was telling everyone in this forum to her when I ran across "the big one" which may clear things up a bit more. When I was getting to the crux of my explanation of copyright infringement, like a Mecca, off to my left came....wait fot it...........McDonald's.
Some of you who are older may remember this or heard of this: Many years ago a Mom and Pop hamburger joint opened up. Their last name began with a W. They thought it would be a good idea to use a "W" for their logo. They thought wrong. Picture the McDonald's M upside down. This was their logo. Can we all guess what happened? Yup, McDonald's kinda sorta put them out of business because it was very obviously their M being used as a W. No one needs to mess with logo's. Even thought they didn't think they were using the McDonald's owned M - the W was exactly the M upside down. Everyone thought it, everyone knew it, and McD found out about it.
Stick with pictures of puppies and kitties and if you ever have a question about whether it's legal - assume it's ILLEGAL and you'll be fine.
Sorry - the hits just keep on coming-someone asked about images in coloring books-a Barbie coloring book is "owned" and created (again - to keep Barbie's integrity) by the creator of Barbie. I can't create a Barbie coloring book (she'd end up looking worse than the Bride-of-Frankenstein)only the owner of Barbie can. Therefore, because I am not the owner I can NOT use the images in the coloring book to recreate the image on a cake.
I'm gonna try to end this now...does anybody think I'm a bit wordy????.....
indydebi: Thanks - you're my new best friend.
This is just a topic that fascinates me. People don't "get" what's not "kosher" to do and I don't get why not. To me it's pretty cut and dry.
Can I sell a character cake? - NO
What if I - NO
but - NO
NO NO NO NO NO.
I figure if you remember those 5 words you'll be fine.
Better safe than in prison I always say....
I agree, better safe than in prison! I guess I was just unaware of it. Can I plead 'dumb' on this one? I think that's why it's astonished me. You see all these cakes others have done, on here in bakeries, stores, etc and you just assume that its ok. Why wouldn't it be? Jk? That was my thought process, at least. Like I said I just assumed, and we all know what assuming will do to you!
Thanks for posting this. Off to return the check for the JoJo's circus cake I made this past weekend.
Dimples03 - you can plead dumb on this topic but don't be so hard on yourself. Dumb and mis (or un) informed are two different things. I was reading one of the earlier posts and someone thought that people did this because they think it's okay. People do it because they see other people doing it and DON"T HAVE A CLUE that it is illegal. Not dumb - just uninformed.
It's like that old quote (the baseball player eludes me at the moment - I think it was Yogi Bara sp?) "No one goes there anymore because it's too crowded" (I know I'm paraphrasing). My point is: it's nonsensical. We've made a cut and dry issue a big confusing ordeal. Yes you see character cakes out there done by people have have purchased the rights. So - people who haven't purchased the rights just assume it's okay without knowing the laws and the consequences.
I just sent a post to someone in another forum "needing to do an Alice in Wonderland cake" - guess who owns the rights to that one? Begins with a "D". I referred them to the "copyright infringement" forums...I keep trying!!!
I guess my mission (because I apparently have chosen to accept it) is to INFORM people on this topic. Then, if they still decide to proceed doing these illegal things they won't be blind-sided if they get caught. Disney doesn't care that you "didn't know". Checkmate - they win!!!
Okay, I am in a church praise band, and we have to but the copyright license for each song that was written by someone else (all of them). It is a pretty hefty fee a year, about $300, but works out to be about 40 cents a song. We also only have to buy the copy right thing once a year. The license is good for a year.
SURELY there is somewhere we can go to GET PERMISSION to use these images for a fee? Does anyone know this? I love all the character cakes out there. And also, Duff did a starbucks coffee cup cake, remember? I DOUBT that he broke the law on national tv.
Many people just disregard the law. The bakeries around here that advertise that they will match the invites do so without being licensed to do it.
I also saw Duff do the "fist of rock" with all those band logo's AND YOU KNOW THE BANDS OWN THOSE: Kiss, Metallica, etc....the first thing I said to my husband was: "I hope these bands, manager, record companies aren't watching and they don't catch wind of this". I mean - I WON'T TELL on anyone but Duff was NUTS for putting that on TV - unless he got permission (?).
I've never been a big KISS fan but I love watching "Family Jewels" and having seen Gene Simmons and how much he LOVES and is all about "making money" - I bet he would go after someone using the KISS logo.
My usual disclaimer: When I call Duff "NUTS" it is a supreme compliment..I Love him and want to work with him but he only hires his friends...please Duff be my friend...just don't ask me to do any illegal cakes on TV where the film can be used against me in a court of law.
I find it hard to fathom but even someone as cool and famous as Duff may not know the laws (or just doesn't care) BUT SHOULD.
Yet another thought enters my mind...oops it left...........wait - it's back:
Ever wonder why you see the name Vivica Fox and sometimes Vivica A. Fox? Drum roll please....because they are 2 different people and Vivica Fox has copyrighted her name so Vivica A. Fox can never be listed as Vivica Fox in the movies, etc. If a Vivica Ann Fox ever comes on the scene she won't be able to be Vivica Fox or Vivica A. Fox (if she has a copyrighted name - and I'm sure she does) she would have to be Vivica Ann Fox. William Macy and William H Macy - same deal...
So...Let's run it up the flag pole one more time: If you aren't sure if it's copyrighted -assume it is and don't go there. Even a name can have a copyright..OY VEY!!!
My wheels just keep on turning...and I DO apologize for that!!!
I never make character cakes unless I purchase the characters to place on the cakes. I don't use team logos or any business trademark without permission. I am very conscious of the laws in my cake decoration. BUT I don't agree with this comment.
Oh boy, here's another one, sorry...I gotta say 'em as they cross my mind:
The stand up doll cake pans - come with doll picks. Use them. A "Barbie" doll poked into the cake AND SOLD is again, YOU profitting from someone else's character. The customer could poke one they bought in there but I wouldn't trust someone to not ruin the skirt part that I made by doing so. I wouldn't allow anyone to do this anyway because, ultimately, my name would be associated with it. If the customer ruined it my name would be mud not hers. So: stand-up Barbie cake: NOT LEGAL TO SELL!!!
Just as some business pay the license fee to produce character kits for us to use on cakes and in turn sell to our customers, the people who manufactured the barbie have paid for the license so Disney or whomever has made their money. It's perfectly legal for me to buy any licensed toy and use it on a cake. The license fees have been paid and as long as the government gets their sales tax for the item then everyone is happy. I either have to pay the sales tax myself or charge the customer for it. Each item should be taxed only once and Disney only has to recieve their royalties once per item. They do not recieve royalties each time the item changes ownership.
Not all licensed toys may be safe to place on an edible cake and that is another matter entirely.
The thing about characters is that you can't reproduce them IN ANY WAY and sell them. Using the barbie that was produced in a legal manner is perfectly acceptable.
Just my two cents.....
WendyVA - You may be right on that - I can't say 100%. I have always heard from people who know better than I that the customer may buy and place toys on the cake not the person selling the cake. That would include Barbie Dolls.
I still go with "err on the side of caution".
Yet another thought enters my mind...oops it left...........wait - it's back:
Ever wonder why you see the name Vivica Fox and sometimes Vivica A. Fox? Drum roll please....because they are 2 different people and Vivica Fox has copyrighted her name so Vivica A. Fox can never be listed as Vivica Fox in the movies, etc. If a Vivica Ann Fox ever comes on the scene she won't be able to be Vivica Fox or Vivica A. Fox (if she has a copyrighted name - and I'm sure she does) she would have to be Vivica Ann Fox. William Macy and William H Macy - same deal...
So...Let's run it up the flag pole one more time: If you aren't sure if it's copyrighted -assume it is and don't go there. Even a name can have a copyright..OY VEY!!!
Actually, the actors' names issue is not copyright, but union-related. Actor's Equity doesn't permit duplicate names.
I remember David Hyde Pierce (Niles on Frasier) telling a funny story on some late night talk show about how he tried to register "David Pierce" with the union, but there was already one, so he had to choose something else. He picked David Hyde Pierce and became very successful. When he went back later to see what the original David Pierce was up to, it turned out that guy only acted once or twice in his life and disappeared into obscurity...meanwhile David Hyde Pierce is famous with his "second choice" name.
I never make character cakes unless I purchase the
The thing about characters is that you can't reproduce them IN ANY WAY and sell them. Using the Barbie that was produced in a legal manner is perfectly acceptable.
Just my two cents.....
IANAL but my understanding is that this may not be completely true.
The doctrine of "First Sale" states that I can resale something that I bought. This is how libraries loan books and CDs. But most Disney and Toy characters are also trademarked. The trademark "identifies" the product as "Disney" or whatever. The problem is that if you use the product on something that you sell, Disney can claim that you are "confusing" your customers. In effect you are using their corporate identity.
And as a previous poster misstated about copyrights, for trademarks if you don't protect it, you do loose it.
I have laughed so hard at this thread. Not in a making fun kind of way. It reminds me of when I was training to work in a small photo lab locally. The company was using Kodak fim and stuff. The trainer started talking about the copyright stuff. I was actually awake for this part. hehehe. He told us that to reprint(copy) a professional portrait was $100,000 per copy. That was $100,000 per individual picture; imaging a sheet of wallets @ $100,000 per pic. After that I am ALWAYS careful about copyright. My husband paints; he wanted to start a business of painting mainly kids furniture. I searched the internet, & obtained the address as to where to contact Disnaey & some other companies. I wrote them a letter asking about obtainging permission & sent oictures etc. I received a ltter of denial. The letter stated that they had contracts with other companies & would not grant him permission to use their likenesses. So, I threw away the address & cried. Then went & baked cookies. HA!
Seriously everyone, think about it as: what if it was your idea & people were using & making money without your permission. You know very well, that you would be mad. Just obey the law & listen to your gut.
Hi everyone. New here, love the forum, so much good info!
I might be going off topic here, but still with the copyrighted issues. What about using a brand name or logo on a cake? If I put the logo on a replica cake of a louis vuitton handbag? Does it also fall in the category of copyrighted images, if I sell the cake?
I don't really know... BUT it seems to me that you should be able to use a specific color. Otherwise, we would live in a black and white world. I think you just should call it "blue". The name is what will get you in trouble.
Think about "Coke red" ... so I can never put that shade of red on a cake, even if it is not a coke can?
I would say though, if you have any doubts or nagging in the back of your mind... don't do it.
I have a couple of questions...
1) If I made a cake over a year ago and did not know about this law, but the cake was not exact, what do I do now about it?
2) What about military patches or insignias?
I understand not to do the character pans anymore in the future and that is fine by me. Just want to know how to protect myself from mistakes of the past.
I believe the tiffany blue box is trademarked. Not to say that you couldn't use that blue as the sky in your complete jewelry unrelated cake, but could you sell a blue jewelry gift box in that color? Wouldn't try it, personally. You may want to read the trademark and copyright entries in Wikipedia or similar sites.
Edited to add: Yes, both the box and the COLOR are copyrighted/trademarked.
The names TIFFANY, TIFFANY & CO., T&CO. 1837, TIFFANY CLASSICS, TIFFANY FOR MEN, TIFFANY MARK, TIFFANY NATURE, TIFFANY PLAYGROUND, TIFFANY SEASHORE, TIFFANY SIGNATURE, TIFFANY TOYS, AMERICAN GARDEN, ATLAS, FIREWORKS, LUCIDA, SCHLUMBERGER, SELECTIONS, STREAMERICA AND TESORO, as well as the TIFFANY BLUE BOX and the color TIFFANY BLUE are trademarks of Tiffany (NJ) Inc. and/or its affiliates and are used under license.
Also another thing, there are certain features of celebrities and well known aspects of companies that are trademarked or are protected just because they are known. Trademarks do not have to be registered.
Marilyn Monroe's beauty mark, Elvis's sideburns, Elton John's sunglasses, Pamela Anderson or Dolly Parton's breasts...all may be unregistered but are protected as recognized attributes.
Here's one that we ALL need to be aware of. And I need to thank a CC'er for pointing out the error on my website!!!
In conversation, I would tell people "We can't call them 'cookie bouquets' but that's what we have." So I KNEW I couldn't use the term "cookie bouquet" .... but I had it plastered all over my website! I've since had my son-in-law go in and fix it.
If you look on the Cookies by Design website, the phrase "cookie bouquet" is trademarked.
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