Need Help Finding Copyright Information
Business By rshippo Updated 17 Aug 2007 , 9:32am by littlecake
Hi Guys
I am looking for a thread regarding copyright that had information on who could be fined and I am pretty sure it said that the decorator could be fined as well as the business. (have searched but cant find it yet)
Well the reason I want this information again is I refused to do a cake at the bakery I work at due to the character the customer wanted drawn was copyright. The owner said we had to do it I stated it was copyright and that I had read I could be fined as well as the business and point blank refused to do it, so the girl I work with did the cake. As you can imagine it didn't go down to well, so a copy of the info I read would help me if this ever comes up again.
Thanks for your help
I'll help look for that thread, but wanted to share that I took a similar stand in a job I had. My boss's boss was asking me to do something regarding pricing that was in violation of the Robinson-Patman Act of 1936 (Anti Pricing Discrimination Act). I called my immediate boss and said I would not do it. I was not going to face 10 years in jail and a $500,000 fine for them or anybody else. My boss said he'd take care of it with the big boss.
(The big boss didnt' understand Robinson Patman so therefore since he "didnt' get it" then it must not have been important, so he chose to ignore it!)
I don't know it this is it take a look.
http://forum.cakecentral.com/cake-decorating-ftopict-387813.html
I dont blame you. They shouldnt put you in that position and Im sure if something happened they would be the one to point the finger to you.
But anyways, here is a link on copyright info
http://www.copyright.iupui.edu/permsec.htm
I am no leagal expert but I do work at FedEx Kinko's and copyright is a BIG deal. It is really not worth getting sued. Either you get the copyright permissions (and pay royalty fees) or you don't offer the characters.
Even if it is a handmade rendering of a character, if it is recognizable then it falls under copyright protection.
Even if it is yourself as the subject in a photograph or newspaper article, the photographer and/or writer owns the rights to it. It would also be copyrighted by the company such as newspaper, magazine, or studio. Lots of permissions to be had. That is how these people make their livings!
Wilton has copyrighted characters in their yearbooks, but stress that they must not be sold and you must use the actual colors that match the characters.
Lots of times you can come up with something that has the theme and colors without the acutal characters.
Another option is that customer can purchase small toys and put them on themselves after the cake is delivered.
I think this may be it...I saved it to take to work and post on our bulletin board. I did not save where it came from though. Sure wish I had.
There was a bakery in Broken Arrow Ok, that had done a Mickey Mouse cake for a client and was busted. The client was undercover from Disney and the fine went like this: 10,000 for each the decorator, store and owner. Yes that is right $30,000. The store owner was also the decorator and it did not matter. She went under because of this. I had just moved to the area when this happen. She was also a Wilton teacher. When she quit teaching I asked why and was told what had happened. Also if you get drawing a copy righted pix it is the same. So beware.
wonder when that happened?
i live a few miles from broken arrow, and i never heard of it. 
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