I'm just starting a new cake business out of my home and i know that you can not sell licened character cakes made out of the pan but can you sell like spiderman bust cakes and princess castles and stuff like that. If not how does Walmart and Hyvee and other places do it i'm confused i don't know how far you can go with disney characters please help? 
As for the Spiderman bust, I'd say that would legally be a no-no to sell. And for a princess castle, as long as it's a general princess castle, there should be no problem whatsoever. You just can't legally sell a cake that you put the Disney Princesses on. However, you can sell a fantastic princess castle and the customer can add their own figures. As far as I know, this is the only really legal way around it.
As for the Spiderman bust, I'd say that would legally be a no-no to sell. And for a princess castle, as long as it's a general princess castle, there should be no problem whatsoever. You just can't legally sell a cake that you put the Disney Princesses on. However, you can sell a fantastic princess castle and the customer can add their own figures. As far as I know, this is the only really legal way around it.
Could I bake a Spiderman cake...... make it look like downtown NYC, go to Wal-Mart, buy Spiderman action figures, put them on my cake and sell it to a customer??
Tracie, as far as I know that is copyright no no as well. you cannot resell any licensed merchandise for profit.
Tracie, as far as I know that is copyright no no as well. you cannot resell any licensed merchandise for profit.
Okay, what about going to Wal-Mart bakery or Sugarcraft and buying their Spongebob cake kit/cake decorations, using them and selling to a customer? If no on that one too, how do you go about selling cartoon character cakes? I don't currently own my own cake decorating business, but would like to eventually. Sorry about all of the questions, I'm just really curious..... seems like there's a big demand for character cakes for little kids.
Tracie, as far as I know that is copyright no no as well. you cannot resell any licensed merchandise for profit.
Okay, what about going to Wal-Mart bakery or Sugarcraft and buying their Spongebob cake kit/cake decorations, using them and selling to a customer? If no on that one too, how do you go about selling cartoon character cakes? I don't currently own my own cake decorating business, but would like to eventually. Sorry about all of the questions, I'm just really curious..... seems like there's a big demand for character cakes for little kids.
The best thing to do is make a generic-looking cake and have your customer buy the toys/figures to put on top. There is a Cars cake in the top row of my photos that I did this with -- the customer was happy and I won't get sued. 
These are some links to other copyright discussions:
http://forum.cakecentral.com/cake-decorating-ftopict-311663.html
http://cakecentral.com/cake-decorating-ftopict-264413-copyright.html
http://cakecentral.com/cake-decorating-ftopic-183971-0.html
http://cakecentral.com/cake-decorating-ftopict-166811-copyright.html
you can use the kits that Bakery craft sells - that is ok - you can not use the character pan & sell it.
Alot of the time even with the kits that are made to go on cakes, there are specific design instructions that you have to go by in order for it to be legal for resale. It's crazy, but even the grocery stores and other bakeries have to go by those rules.
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