Hi! I'm pretty new to cake decorating and don't really sell cakes, I just make them for fun. But a friend of mine asked if I would make her a Disney Princess cake for her daughter. I know I shouldn't SELL her the cake...what should I do? Tell her no? Or can I just make a cake and let her put the Disney characters on herself? Not sure...Thanks!

I believe that you could be the one placing the plastic figure, she doesn't need to do it. The problem is when you make one figure to look like the Disney one, and you charge for the cake, that's where the problem comes.

Here is some information to help you decide.

Copyrighted Characters on Cakes~ The Legal Stuff

*This is some info provided to me as a Wilton Instructor:
All licensed character shaped pans, candy molds and cookie cutters are for consumer home use only. Stores/Shops/Decorators cannot make cakes, cookies or candies from licensed products and sell them to consumers. These "mold-making" items are strictly prohibited from any type of commercial use since the licensor has neither the method to control the quality of the reproduction of the character nor the ability to earn royalties on sales of the "made" products. This applies to both baked & craft-type products.

Free-hand or copies of character designs cannot be drawn or iced on top of a cake, cupcakes or cookies and sold for any type of commercial purpose. Once again, the licensor cannot control the quality & is not earning a royalty on the product created around their characters.

Licensed pans cannot be rented to consumers by shops/stores/decorators since, once again, the licensor is not earning a royalty from the transaction.

Specifically, creating any type of image that looks like a licensed character that then is sold for commercial purposes is prohibited unless there is a specific licensing agreement with the licensor for that product and royalties are paid each time the product is sold.

Additionally- A customer cannot bring a decorator or store/shop a character pan/mold they have bought, and ask them to make the cake/candy/cookie in exchange for money. This is considered the same thing as above, because money is exchanging hands without the licensor earning royalties.

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*The following is info I received during a Demo about Edible Images, from the Lucks Food Decorating Company:
The Law
A copyright protects an original work or creation and gives exclusive right to that work or creation to its author. Copyright law protects the author's/creator's work by prohibiting anyone else from using or profiting from that creation in any way without the owner's permission.

In reproducing copyrighted figures, it does not matter if the character is drawn by hand, added using an image projector, or put on a cake with a computer cake machine. If the item carries a © or ® or symbol, then it is protected. using it without permission can get your shop, you and perhaps your customer in trouble.

Copyright protection applies to a number of things including but not limited to music, art, tv, movies, books, drawings, professional photographs, team logos and celebrity likenesses. This includes such items as:
|Greeting Cards
Trading Cards
Wrapping Paper
Paper Plates, napkins, or other party supplies
Comic Books
Album or CD covers or Video games

Even professional use of character shaped pans of licensed characters which are licensed for home use only is a copyright infringement if used for resale of cakes.

When it comes to copyright infringement, ignorance is not bliss, not is it considered an excuse. Here are some steps to take to protect yourself:
1- Train yourself to look out for potential copyright infringement. If you are not sure, but suspect it is copyright, it probably is. Although most copyright materials will contain either © or ® or , U.S. law does not require it.
2- Educate your customers. The customer is just as liable as you and the shop. Post a sign stating store policy on the use of copyrighted characters.
3- Develop relationships with local photographers & studios and get involved with local school activities. You may have an opportunity to work with a photographer to offer your customer their Senior Grad photos on their cake by offering a coupon through the photographer.
4- Keep a variety of legally licensed cake decorations of the latest hottest movie or cartoon characters to offer your customer.
5- Do not rely on a liability release slip, this is usually only good for things like a company logo when the release slip is printed & signed on that companies letterhead.

Can it really hurt?
The answer is yes. Some copyright holders may be satisfied with a cease & desist order, others could choose to file a lawsuit. The court could award financial damages plus attorney fees. The copyright owner can collect damages without having to prove that your infringement actually cost them monetary harm. Fines can be as high as $150,000.00.
Be aware that the customer that is begging for the licensed character for their one-year old may have been sent by a patent attorney as a secret shopper in an effort to catch you breaking the law.

You will find more useful information from the U.S. Copyright Office- www.copyright.gov and www.copyrightkids.org

http://sdbytracy.com/copyrules.htm

Very well said.