Hi wondering if someone can help me! I found a picture on the net that I really like the idea of and decided to have a play about with it to make it my logo. Anyway I REALLY like it now but wondering whether I've breached copyright laws! The picture was from an american website (I'm in the UK) I contacted them and they wanted far too much in my opinion for the use of the picture.
Heres the 2 designs, just wonder if I've make enough changes for it now to be copyrighted anymore or if I'm still in breach of them.
Original.gif)
The one I want to use.jpg)
I don't think you are allowed to alter copywritten material either.
Sorry, I don't know, but wanted to say you did a fabulous re-work (better than the original). What program did you use? As a word of encouragement, I know what it's like to have a very specific idea of what you want to do ... but give it a few days/weeks and your creative brain just might give you some fresh new inspiration that will be all your idea. Keep us updated!
I would change the facial expression, the hair to look more like me or a charicature of me, and the set of the hands--also maybe add a spatula or whisk in one hand. Do you have an artistic friend who could accomplish it for you? You could check with an attorney, but that sounds pricey. When all is said and done I doubt there would ever be a problem with using it as you have it now unless you plan on being really, really famous here on the western side of the puddle.
Could they really sue you if you took your pic and maybe changed her hair style and color also with what you've got already I dont think it would be construed as the same pic any more.
But I am not a lawyer nor have any experience in the legality of copyrights and such either.
But by the deff that Doug gave then you wouldn't be able to recognize the original in your work anymore at all. So maybe that would be a way to do it legally?
Hmmm.. it is quite obvious that it is just a mirror image of the lady in the picture in an apron. Maybe if you had her with her arms down and different face and hair? Like one hand on her hip and one arm bent holding a smaller cake in the palm of her hand.. Do you have any one who could sketch it up for you or can you do it yourself? I hate to see you get introuble for this when it would be easy to make it your own. 
speaking specifically to the design you wish to use.
w/ the exception of the obvious use the of image of the woman flipped left for right --
the cake is a cake and different enough --
the woman's hands look "off" especially what is now the left hand that was originally the right hand holding the martini -- it needs to be reshaped (turned up to match other hand?) or holding something (spatula?)
I'd also fix the face so the character is either looking out at the reader with a big smile or looking up at the Cakes by Leni
Also the wording under the cake "breaks the box" -- the rest of the image establishes a strong rectangle and then the "Celebration....." line give it fat hips. -- adjust type font to stay within the box.
also -- most logos do not contain location info. I'd drop that.
best bet, before you invest in this logo, is have a solicitor take a look. money well spent, in my opinion. it is a normal business expense.
or take the inspiration to a graphic artist, tell him/her what you like and what you dno't, and have them develop an original for you.
It looks like EXACTLY the same cartoon character to me.
it looks like a replica of the character except just revised...i know that one singer right now is being sued because she has the same beat of one of her songs as another singers..she has a same verses in some of her song that is in the other but its a different song and song title..so be very careful of even altering it at all...IMO, i would be scared to even have a lady coming out of behind a cake like that..but thats just MO
I would see if you or someone could definitely reconstruct the idea that you have here.
Why not have the "Cakes by Leni" right on top of the cake and have the woman on the side of the cake showing the name with her hands like as if she was a game show girl showing off a new item!? I think that her behind the cake may be a classic way of showing someone making cakes!
Just a thought!
Good ideas all!
StephyG
I too think you did an excellent job on the rework!! I also would like to know what program you used. If you are not artistic (which it looks like you probably are artistic -- I don't think I could have changed that pic!), I would really recommend taking that pic to a logo designer or even just a friend who is into characters/illustrations.
I believe that a logo is the "first impression" of your business, so it is really important. I love to do as much on my own as I possibly can, but I did hire someone to do a logo for me. She told me that the average person knows when they like a logo or when they don't like it, but they don't really know why. Like all of the things Doug said above, when he said them they made sense to me, but I would have never known why something looked a little off to me.
I don't know how it works where you are, but I was able to find a designer who works out of her home and was very reasonable. I purchased a package where she designed three different logos and then did four variations of each of those logos. After I picked, I then picked one and could revise it four times. She also did business cards, letterhead, and a couple of other little features. It was money well spent!!!
I like the idea of the characture face and what if you stood on the side of the cake with one hand on hip and one hand up to "showcase" the cake (*think The Price is Right - if you have that show over there)
I don't know much about copyrights though so I don't know how valid my opinion is but I have to think that you can have a cake in your logo with a person without being sued for copyright infringement.
Lots of people have people and cake in their logo!
I would see if you or someone could definitely reconstruct the idea that you have here.
Why not have the "Cakes by Leni" right on top of the cake and have the woman on the side of the cake showing the name with her hands like as if she was a game show girl showing off a new item!? I think that her behind the cake may be a classic way of showing someone making cakes!
Just a thought!
Good ideas all!
StephyG
Sorry steph, I didn't see your post before I posted mine 
See! Lots of people can have the same idea
Doug I just have to say, you ALWAYS have the best ideas and advise!!!
what about the cake and the same cute girl next to the cake bending down to place a decoration or something....
With using the paint program, I wonder if you can flip the hand that's facing down to face up, copy and mirror image it and paste it to the other side so that both arms are up and both hands are facing up so as to say "tada!!" I think that would look great under the "cakes by leni". Then do try to make her eyes look up in some way. Then you can erase some of the "whispy" hair that curls around the face to change that a little. That may make it look quite different from the original. Also, it would be worth it to check if it's an international copywrite or not.
what about that girl sitting on top of the cake with her legs crossed. Not that you sit on your cakes haha
Leni, I'm going to do a couple of logo comps for you.
I would never recommend using Microsoft Paint for a logo.
Reason why, is that when you want to resize that image to use on a sign, poster, or ad, it's going to be pixelated. You will most likely also want to shrink the logo down to fit onto a business card, or make stickers. So unless you want to make an image that is HUGE, a .gif or .jpeg of the logo will just not do. You will need a vector image (.pdf, or .eps). Plus, vector images can be edited without having to manually color the image (if you ever needed to edit the logo you did further, you'd have to color it pixel by pixel...not fun), and vector images give you clean lines, as opposed to pixel images.
Leni, I'm going to do a couple of logo comps for you.
I would never recommend using Microsoft Paint for a logo.
Reason why, is that when you want to resize that image to use on a sign, poster, or ad, it's going to be pixelated. You will most likely also want to shrink the logo down to fit onto a business card, or make stickers. So unless you want to make an image that is HUGE, a .gif or .jpeg of the logo will just not do. You will need a vector image (.pdf, or .eps). Plus, vector images can be edited without having to manually color the image (if you ever needed to edit the logo you did further, you'd have to color it pixel by pixel...not fun), and vector images give you clean lines, as opposed to pixel images.
DITO. This is what I was going to say.
Leni, I'm going to do a couple of logo comps for you.
I would never recommend using Microsoft Paint for a logo.
Reason why, is that when you want to resize that image to use on a sign, poster, or ad, it's going to be pixelated. You will most likely also want to shrink the logo down to fit onto a business card, or make stickers. So unless you want to make an image that is HUGE, a .gif or .jpeg of the logo will just not do. You will need a vector image (.pdf, or .eps). Plus, vector images can be edited without having to manually color the image (if you ever needed to edit the logo you did further, you'd have to color it pixel by pixel...not fun), and vector images give you clean lines, as opposed to pixel images.
You have such great information! You now your stuff!!
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