Copyrighted Items

Decorating By Beetsee Updated 30 Jul 2007 , 1:37pm by Chini3458

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Beetsee Posted 30 Jul 2007 , 2:11am
post #1 of 14

I was just wondering what people do when they have a request for a copyrighted picture.. ie. scooby doo, or bratz. etc. Isn't it illegal to reproduce (mechanically at least) any pictures that are copyrighted?
I was just wondering what people did in these situations.

13 replies
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psurrette Posted 30 Jul 2007 , 2:20am
post #2 of 14

We shouldn't do them............. but I have..... not really worth the cost if we get sued. make your own judgement. I see website that have copyright laws brocken all the time..... this is tough

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sarahnichole975 Posted 30 Jul 2007 , 2:25am
post #3 of 14

She's right...but I'd like to know how often people really get in trouble for this...

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pmw109 Posted 30 Jul 2007 , 2:26am
post #4 of 14

I was thinking about this yesterday. I was wondering how to grocery store and wholesale store bakeries get away with that? Anyone know that?

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jarjam1026 Posted 30 Jul 2007 , 2:29am
post #5 of 14

most grocers use the plastic toys and thats ok. they are not copying(is that even a word) the pic but using bought items

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stephanie214 Posted 30 Jul 2007 , 2:32am
post #6 of 14

Hi Beetsee,

Welcome to CC...glad to have you icon_biggrin.gif

Yes, it is illegal to do any copyrighted cakes. This topic has been covered quite a few times with some heated debates and strongly expressed opinions.

Here are some links that will help you;

http://forum.cakecentral.com/cake-decorating-ftopic-311663-0.html

http://cakecentral.com/cake-decorating-ftopic-183971-0.html

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elvisb Posted 30 Jul 2007 , 2:35am
post #7 of 14

I know that if you do a picture like that for your own use, it's permitted. Also, if the cake is given away and no money is exchanged from the use of their image. We are not supposed to be selling cakes with copyrighted pictures or using, for example, a Scooby Doo shaped pan and selling the cake--even to sell at cost of ingreds. (Not that we abide by that law.....) It's a decorate at your own risk thing. icon_evil.gif

Not sure about the bakery thing. I have heard that you can obtain written permission, but I would think a bakery would have to pay a fee for it. Not sure I would want to know what that would cost. icon_confused.gif

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BCJean Posted 30 Jul 2007 , 2:54am
post #8 of 14

If you really want to do the cake...and don't want to do anything illegal...there are a few ways around it. If you want to do an edible image of say a famous sports team. You can take a picture of the birthday person ..wearing a t-shirt, with the sports emblem on it...then, you can do the image. Of if their is a banner or something in the background. It has to have the person in the pic though or you would be able to use it for other cakes. It has to be a one time thing for the person who has already paid for a shirt with their emblem. For things like the Bratz..you can do a stage scene with guitars and microphones, just no girls. If you use the correct colors, it can be quite effective. Scooby Doo could be a haunted house...Spiderman, tall buildings, 4 princess, a castle, etc. The correct colors really can tie it in to the rest of the party.

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mbdecorator Posted 30 Jul 2007 , 3:09am
post #9 of 14

I work in a supermarket bakery and we buy toy kits from bakerycrafts. We can't really mke an edible image of any characters because of copyrights.
Sue

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MahalKita Posted 30 Jul 2007 , 5:32am
post #10 of 14

My BIL owns bakeries & he told me that he pays a hefty copywrite fee every year so he can do what he wants with cakes. But only for the characters/companies he pays for. I have no idea what he pays but he said it was a lot.

You could also have them buy toys put on top of the cake. That is what I use to do when I bought cakes, the toys are usually cuter than the cake kits.

Val

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littleredtonya Posted 30 Jul 2007 , 11:32am
post #11 of 14

I think stores use Decopac also. I am registered with Decopac so I am able to order the edible images and use them.

Tonya

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DianeLM Posted 30 Jul 2007 , 1:12pm
post #12 of 14

Whenever a customer requests a licensed character, I tell them I can use an edible image or create a background for toys. Edible images are pretty versatile. They don't have to lay flat on a cake. They can be mounted on a gumpaste plaque, for example. Of course, it has to be the copyrighted edible image. It is still illegal to print off a picture of the character to use on a cake. Here's a couple I've done:
LL
LL
LL

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Katskakes Posted 30 Jul 2007 , 1:30pm
post #13 of 14

Diane - that is a great idea!!
I did something similar last year for my brother's kids. They supplied me with the toys and i just did the cakes. I think it's a win - win all around. The kids get to keep the toys and play with them... while we are not doing it illegal.

thumbs_up.gif

LOVE your cakes btw.

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Chini3458 Posted 30 Jul 2007 , 1:37pm
post #14 of 14

I am not a baker or have my own bakery BUT I do have my own Internet site for children's Invitations.. When I started about 5 years ago, I sold ALL characters and themes. BUT after a not so nice experience I learned my lesson.

I received a letter through a carrier from the HELLO KITTY lawyers that I was in violation of copyright laws. The fine was 250g or 5 years in jail. They were very flexible with me because I hired a lawyer immediately and did whatever they asked me to do.

BUT in answer to your question.. In order to sell or promote a copyrighted item you most hold a lisence from the owner. Be it a graphic, comic, or cartoon. ANY artistic drawing that is not yours, you must get permission to use.

Supermarkets can do so, because they have asked for permission and hold a lisence to sell them.

Hope this helps.

But yes they are looking for copright infridgement. Believe me!

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