Ok, you smart copyright people. I have a request for a Jack Skellington wedding cake. I'll be making the character and other movie prop items out of fondant. If I make them myself, is this an infringement on the "copyright"? I understand the Wilton pans are a no-no. Jack will be the topper, rather than the traditional bride and groom topper, and I woint be charging exculsively for the topper- just for the fondant "frosting" as the contract will state.

If there is no pan for it. My cake instructor said they can't sue you for a cake you carve, they will have to prove you did not carve and that you used a licensed pan. That's all I know she could be wrong too.

Unfortunately, yes, it is a copyright infringement. You'd have to get a hard copy of a release form from the movie studio in order to legally do it.

You could be sued for misrepresentation or some sort.

Go figure, I was just reading a long thread on copyright stuff. I'll see if I can find it.

Any duplication of any character is a violation of copywright laws even if you do it yourself. If it's for a wedding party & none of the guest work for the company that produces the symbol you should be fine. The only other way around it is to change the character use diffrent colors or change the look of him and give him another name" jacko" you are then not liable for copyright issues. Hope this helps.

http://www.cakecentral.com/modules.php?name=Forums&file=viewtopic&t=35464&postdays=0&postorder=asc&&start=0

There's the 3 page long thread. Hope it helps.

Ick, I know I can buy the toy and all but the GROOM WANTS TO BITE JACK'S HEAD OFF. My question is really if I dont charge for it, can I do it. IE- Wilton's pans are for mom's who want to go ahead and make a cake for whomever- not selling it as well all know it is illegal to do it. So if I dont charge for the 6-in fondant figure is it OK? Sorry if it was not clear in my original post.

If you do not charge for the image I think you are ok. What an odd duck though to want to bite the head off.

Nope, you still can't do it because you are making money off the cake. You're still making a likeness of a copyrighted image.

That is weird...wanting to bite his head off.

You can take your chances though...I know I would LOL. I know it's illegal, but I've done character cakes in the past (never with the pans though - I only did that for my son's birthday). The fact of the matter is, you could get caught. Is it likely that you will? Probably not. But it could still happen, you know?

And by the way, if you do it, just put the picture on your site/in your portfolio without the character....then there's no proof there of copyright infringement, you know?

Well then along that line of question, was this cake I made for my wife's birthday yesterday copyright infringment? Or are you just saying from the profit point of view?

I made this and the only Wilton pans I used were for Jack's head (the ball pan). Other than that, I just used regular pans for the rest and cut it how I needed. I honestly think I would go for it, infringement or not.

They do sell Nightmare Before Christmas wedding cake toppers.

http://www.caketoppers.com/ppw720.htm


Hope everything turns out good I would really like to see a picture when it is done, consiering we are fans here!

Good Luck!
Shannon

If you were to sell that wonderful cake (man that's an amazing cake) then yes it would be a copyright infringement......has to do with the fact that they can't control the quality of the product you're turning out or something crazy.....I told my DH I'd like to start a cake business one day (when I get more practice) and said that it stinks you can't make all the character cakes like Elmo and so on because people always want to order those......and he said "sure you can you just call it your Emlo cake"......so now everytime we see Elmo we call him Emlo! LOL probably not funny to anyone else but me and him sorry...hehehe

it doesn't matter what color you make his clothing or what you call him. If he is still recognizable as the copywritten figure, it's an infringement.

In other words....for example....Big Purple Barney...

He's big and he's purple...so I think I will make him ....YELLOW.or red or whatever...but...if he is still recognizable..it's still Barney! and an infrigement!

There is just NO way around this one, sorry folks! Now, if you make it for yourself, your family or...you do NOT charge...you can do it.

It's not really much about "quality" control, it's about "profits" When artists create a product ( character ) the real money is in the licensing of the merchandise. The lunchboxes, toys, dolls, bed sheets, blah and more blah, blah blah.

I know that we are teeny tiny bakers that they should be worried about bigger and more "serious" things!! but, why take the chance??

now, if you still want to do this cake...and why shouldnt' you..it sounds like a lot of fun...you can "generalize" the decorations...I believe that no one has a copy write on skelletons, pumpkins and whatevers..

You can always decorate it...charge for the cake....and "PRESENT THEM" with the "GIFT" of the decorated top layer...for their honeymoon cake or anniversary or whatever...

I would even to cover my ASSets, put this small one in a seperate box! and when you deliver it you can have the couple have someone standing by to place this little cake on top??? Or leave it on the side...he just wants to bite it's head off anyway..lol

why would one want this design for a wedding cake ?
is the wedding on Halloween day ?

It's not a Halloween wedding but they are rather eccentric.


Risque, can you please explain what the difference would be if I gave it to them as a gift in a different box? I still wouldnt be charging for it so how does it make different? Does a different box cross the line to "not an infringement" somehow?

Quick question since I know nothing about any of this ...if making a fondant figure is infringement. Is making FBCT copy of Mickey Mouse or Pooh or a car emblem, etc an infringment too? Could I get in trouble for that?

only if you get reported and caught...


Hiding under my desk....

lol

Yes