Okay, I've been ordering cutters from all sorts of places and it recently dawned on me that some of the cutters may technically be "off limits" as far as using to make a cookie or decoration for resale.
So I called some and they said fine...and then I called a copper cutter manufacturer that I've bought from and they said no way--cannot sell products made from their cutters.
I know the cookie police are not out there- but I thought this was strange.
Yeah, I knew that character cutters would be off limits-- but was surprised that regular old "mermaid" or "shoe" or whatever would be off limits. I thought they would just see it as another way to make a sale (selling to cookie sellers)-- Oh well....
Who is telling you that a mermaid or a shoe is off limits? It would only be off limits if it mimicked a copyrighted image (such as Little Mermaid or a Jimmy Choo shoe). If it's your own design and not a replica of a high-fashion item or licensed character, it's not illegal.
So the company who made the cookie cutter in a unique shape and had that design copyrighted, then we couldn't use it to sell and make a profit? How do we know which designs they have a copyright on? This is a pain.
hmmmm.....I think I know what you mean now, Michelle! I've never heard of a cookie cutter company copyrighting THEIR cookie cutter designs! Wow! That's a whole new sticky issue! If I planned to make a business of selling cookies I would probably stick with kitchengifsts.com. They make their cutters for folks who want to make a business of it, or for folks who just love making cookies! They'll make any design you send them.....just love working with them!
Since I originally posted, most of the places that e-mailed me back said it was fine to use their cutters to then sell cookies. Coppergifts.com was the one that had I had called, and the lady told me no, since the cutters were all original designs. There was another one too... I can't remember the name.
But most of the cutter businesses said it was fine.
Since I originally posted, most of the places that e-mailed me back said it was fine to use their cutters to then sell cookies. Coppergifts.com was the one that had I had called, and the lady told me no, since the cutters were all original designs. There was another one too... I can't remember the name.
But most of the cutter businesses said it was fine.
Well, you know I'm not an attorney but I don't see how they can stop you from selling a cookie that was cut out from their cookie cutter. If you were making cookie cutters just like theirs and selling them you might have a problem. That's kind of like buying a cake pan and not being able to use it to bake a cake and sell the cake. The cutter may be an original design, but the finished decorated cookie is your design.
Anyone else care to elaborate?
[quote="Luby"]
That's kind of like buying a cake pan and not being able to use it to bake a cake and sell the cake. The cutter may be an original design, but the finished decorated cookie is your design.
Anyone else care to elaborate?
But some cake pans are copyrighted and you aren't allowed to sell a cake with that design, just use them for personal use. I think it's the same thing with the cutters. Right?
I have quite a few Hammersong cutters. They are amazing and expensive and come with a notice that they are copyrighted and you can't use them to make a profit...
I have no idea why that is...maybe because they are so unique?
To see the cutters go to www.lacuisineus.com
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Man, I gotta say that this is weird. It never even crossed my mind that someone would copyright their cookie cutters so that you couldn't sell the COOKIES you make with them. I mean, I can understand if it was a licensed character-- I understand the whole "wilton selling pans that you can't use for profit" thing. But a cookie cutter?? Just an outline???? An outline that every cookie decorator will interpret in their own creative way?? Sorry, but that just seems petty to me.
Sorry for the rant. THis struck a nerve with me for some reason! 
I have to agree. If you buy a cutter from a company & copy exactly their sample image MAYBE but just the outline. Come on!!! The Hammersong cutters I think maybe they copywrited them (if they even did) because they have their detail as part of the cookie so you just fill in & trace making all your cookies look like theirs. Ya know what I mean. Who knows. Good to know that though, they are great cutters but if the price didn't keep me away the fact that they wont let me sell them will for sure. I am very interested in who else has the same "find print".
Val
I guess the thing that confuses me about it is you'd think they'd be losing ALOT of buisness. Cookie decorators that sell are the ones who are going to want all the special shapes, most people who want to make plain cut out cookies aren't going to be that picky or aren't going to buy that many.
It's not that I don't believe that these people are doing it, I just wonder if they shoot themselves in the foot.
I also could see them putting a copyright on their cutter so that another cookie cutter company couldn't make that design, but to prevent a cookie decorator from selling those cookies.....just doesn't seem right.
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