Copyrighted Characters "everybody's Doing It"

Business By SugarNSpiceDiva Updated 3 Jan 2010 , 8:25pm by Carolynlovescake

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indydebi Posted 31 Dec 2009 , 11:21pm
post #31 of 42
Quote:
Originally Posted by costumeczar

Quote:
Originally Posted by Adevag

I know this is a little bit off-topic, but I just have to ask anyway (before I forget again...)
Does anyone know if it's legal to make copies of purses? I know everyone wants a coach purse. I had a friend who wanted one for his girlfriend, but since I did not charge I would not matter. But are purses also protected with copyright?



The logos are copyrighted. There was some story in the news about a purse company (I think it might have been Louis Vuitton, I'm not sure) going after a woman in Ireland for making purse cakes. I don't know the details, but the logos are defintitey copyrighted.



Here's the story. I saved the link because this topic comes up so often:
http://www.dailyrecord.co.uk/news/scottish-news/2009/02/25/firm-told-to-stop-making-vuitton-bag-copies-which-happen-to-be-cakes-86908-21151047/

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costumeczar Posted 31 Dec 2009 , 11:25pm
post #32 of 42

I also wanted to mention that if you contact the legal departments to most places, they'll give you limited permission to use the logo a certain number of times per year. I keep a folder with written permission from a bunch of colleges and NFL teams that gives me permission to use their logos and mascots a certain number of times per year before a paid licensing agreement has to be put in place. Most people are so happy that you're actually trying to do it the right way, they're willing to be helpful about it! icon_smile.gif

The limitations are that they don't usually want you to put photos of the cakes on your website or in your advertising.

I'm going to be doing a Jack Daniels bottle cake this month, and I called their legal department to find out what their policy is on cakes. They gave me limited permission to do it...You just need to ask.

I did, at one point years ago, contact Nickelodeon to ask them what their policy was, and I got back a "no-way no-how, no using characters period" reply. For that I'd guess that you would have to go the Decopac route.

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BooBooKitty Posted 1 Jan 2010 , 3:46am
post #33 of 42
Quote:
Originally Posted by kelleym

I'm not a lawyer, but I think it's interesting to read about some of the articles that apply to copyrighted or trademarked fabric, and the reselling of items made from that fabric. The fabric has a message in the selvage similar to the Wilton pan "For home use only" message. But from what I've read, the company really has no right to do this. They are putting their product into the stream of commerce, and the "first sale doctrine" says that they can't then regulate what the customer does with it. *You didn't sign a contract or agree to anything when you bought the product.*

Hope I'm paraphrasing clearly. Here's an article that explains more:

http://madisonian.net/2006/10/17/what-can-i-do-with-that-fabric-thing/




I know of two open air markets and they sale so many things made of fabric. PURSES purses purses and if you pay extra they will even add your name..

I just don't get it, to me as long as it's in good taste then I don't see the big deal. Because I am pretty sure that the mom who bought the Elmo cake also bought everything else Elmo to match that special Elmo cake. So Disney should be happy.. thumbs_up.gif lol

AND just for record I have never made a Elmo cake in my life.. lol..

Its so sad with everything wrong in the world we have to worry about making Elmo cakes for 2 year olds.. icon_sad.gif

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varika Posted 1 Jan 2010 , 5:29am
post #34 of 42
Quote:
Originally Posted by BooBooKitty

I just don't get it, to me as long as it's in good taste then I don't see the big deal. Because I am pretty sure that the mom who bought the Elmo cake also bought everything else Elmo to match that special Elmo cake. So Disney should be happy.. thumbs_up.gif lol




Clearly, you have never had someone steal your intellectual property.

Defending intellectual property is about more than just the money. It's also about the reputation. And when somebody does Mickey Mouse flipping off somebody, no matter how well done, no matter the fact that the person it's FOR thinks it's funny, that in some respect tarnishes Disney's reputation. And it is much, much easier to just say no-way no-how than it is to list what you can and can't do with the character, only to find out that OMG, you never THOUGHT of that but now it's splashed across all the internets, and children in particular think that's how Mickey Mouse ACTS or LOOKS, and it's NOT the impression that Disney wants out there.

Cake designs may be copyrighted but they're a lot less likely to be something that reflects the originator as much as a character is. It's kind of like....your face in a photograph is always you, but very few people have feet or hands that are instantly identifiable as THEM.

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BooBooKitty Posted 1 Jan 2010 , 8:53am
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Clearly varika, I have NOT had anyone "steal" from me, if anything when I have an idea I always share. I have always been that way my whole life. And I do believe I said if the cake was done in good taste. But since you brought up the flipping people off and cake.. What if you bought the Disney pan.. Made the cake at home but yet iced it so that mickey was flipping the bird. Now this cake was for your own family and not be sold but yea your own kids took pictures of the cake and its all over the internet.. Does Disney have a voice in the matter? 1 U Paid for the pan. 2 u Did NOT sell the cake. 3 it was made for your own family and they ate the cake.. You bought the pan do you have to follow their example on the cover and if so what if you change a color of Mickeys Gloves? Do you think Disney will balk about that?

I wonder if (edited for content) has the same copyright as Disney.. Because
I see plenty PLENTY of jokes about him with cartoon drawings.. Some of which are n the newspapers...Is it possible they asked the (edited for content) for permission to make fun of him*(edited for content) too for thaT matter* in their newspapers

Try searching on Devient art sometime for Disney you will be amazed at the pictures on there and how the artist has added their own touches but you can still see its Mickey Mouse and it even has his name in the titles.

Also what about the Airbrush stores??? I see them all the time with Disney and Spongbob I wonder if they asked for permission?


Good grief atleast with a cake you can eat the evidence. icon_biggrin.gif . lol..

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BooBooKitty Posted 1 Jan 2010 , 9:15am
post #36 of 42
Quote:
Quote:

Cake designs may be copyrighted but they're a lot less likely to be something that reflects the originator as much as a character is. It's kind of like....your face in a photograph is always you, but very few people have feet or hands that are instantly identifiable as THEM






Just wondering Varika do you feel that / Nascar / Forumula 1 or Dale Earnhardt Jr's race car has a copywright on them? or are instantly identifiable? I mean they did design that car from top to bottom. And it is a certain way they want the car to look. Do you think they would fuss about a copyright? Ummm say if someone posted it on the internet? The picture that is without getting permission first..

Grrr this new keyboard is killingmy typing.. So many errors icon_rolleyes.gif

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varika Posted 1 Jan 2010 , 6:02pm
post #37 of 42
Quote:
Originally Posted by BooBooKitty

Clearly varika, I have NOT had anyone "steal" from me, if anything when I have an idea I always share. I have always been that way my whole life. And I do believe I said if the cake was done in good taste. But since you brought up the flipping people off and cake.. What if you bought the Disney pan.. Made the cake at home but yet iced it so that mickey was flipping the bird. Now this cake was for your own family and not be sold but yea your own kids took pictures of the cake and its all over the internet.. Does Disney have a voice in the matter? 1 U Paid for the pan. 2 u Did NOT sell the cake. 3 it was made for your own family and they ate the cake.. You bought the pan do you have to follow their example on the cover and if so what if you change a color of Mickeys Gloves? Do you think Disney will balk about that?




My goodness, Boobookitty, you are defensive. Look, the way I feel, it's like having a stalker. If you've never had one, you might look at things like having a note in your mailbox every morning as harmless, but once you've actually had a stalker, your viewpoint completely changes and maybe you start thinking that these notes in your mailbox are not cute, they are extremely creepy and frightening.

And ultimately, yes, Disney has a voice in the matter. They might not be able to get you and your kids for the cake--I'm not entirely sure on that front--but they could certainly get you and your kids for the photos.

Seriously. Disney has DONE that before. And since tasteful is an opinion, you can't just expect, "Oh, it's a tasteful cake!" to keep you out of trouble.

Quote:
Originally Posted by BooBooKitty

I wonder if (edited for content) has the same copyright as Disney.. Because
I see plenty PLENTY of jokes about him with cartoon drawings.. Some of which are n the newspapers...Is it possible they asked the (edited for content) for permission to make fun of him*(edited for content) too for thaT matter* in their newspapers




Since it's been edited for content, I can't tell you. There ARE fair use clauses in the copyright laws, however; I suggest you actually look it up before you try to needle someone, because you just are completely off-base with this attempt.

Quote:
Originally Posted by BooBooKitty

Try searching on Devient art sometime for Disney you will be amazed at the pictures on there and how the artist has added their own touches but you can still see its Mickey Mouse and it even has his name in the titles.




And most if not all of them are doing it ILLEGALLY. If you did a study over time, you'd probably find that a lot of those accounts quietly vanish, or have artwork yanked from them, because of complaints. Read DevArt's ToS; Disney doesn't have to make a big fuss to get someone kicked off for copyright violation, they just have to say to DevArt, "Go see for yourself" and the account vanishes.

Furhtermore, lack of enforcement of a law does not mean that behavior is legal. Just because you don't get pulled over and get a ticket does not mean that speeding is now legal.

Quote:
Originally Posted by BooBooKitty

Also what about the Airbrush stores??? I see them all the time with Disney and Spongbob I wonder if they asked for permission?
Good grief atleast with a cake you can eat the evidence. icon_biggrin.gif . lol..




Actually, in many cases, YES. They asked for and recieved permission. Or else they, too, are doing it ILLEGALLY.

Quote:
Originally Posted by BooBooKitty

Just wondering Varika do you feel that / Nascar / Forumula 1 or Dale Earnhardt Jr's race car has a copywright on them? or are instantly identifiable? I mean they did design that car from top to bottom. And it is a certain way they want the car to look. Do you think they would fuss about a copyright? Ummm say if someone posted it on the internet? The picture that is without getting permission first..

Grrr this new keyboard is killingmy typing.. So many errors icon_rolleyes.gif


[quote]

Firstly, how do you know I didn't ask for permission? You're making assumptions. In fact I did at least try to ask for permission first. I never got a response back, but in the case that Hendrick Motorsports came to me and demanded that I take that photo down, I in fact would take it down without one word of complaint. I would also show them the emails that I sent prior to making that cake that indicates that I attempted to obtain permission.

Secondly, to repeat YET AGAIN, just because something is DONE does not make it LEGAL.

All I tried to do was explain why copyright law is a bigger deal than you think, and you jumped down my throat. Sheesh. Would you plagarize your favorite author and think it was no big deal, too? Because copyright violation is the SAME THING.

Seriously. I don't care what you do and don't do. There is no need to be so defensive just because I tried to give the other side of the story. I really hope you continue on with your innocence, that nobody ever steals something from you that you have spent hours and hours and hours on and twists it in ways you don't like.

Have a good day.

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indydebi Posted 1 Jan 2010 , 6:21pm
post #38 of 42

Too bad CC no longer allows threads about stolen photos showing up on other websites because I would list every single one of them in this thread.

It's just too hypocritical that some folks, out of one side of their mouth, complain and rant and rave about one of THEIR cakes being used on another site or even about another caker who uses THEIR cake for inspiration and doesn't credit them with the idea.

And out of the other side of their mouth, they espouse that copying a Disney cake shouldn't be a bad thing because it's no big deal.

I think this is why this topic gets to be so frustrating to me .... because we deal with folks who think whatever is convenient to them, or however they want to do it at the moment, should be ok, no matter what. They don't understand the law, therefore it's ok to ignore the law.


It would be nice if they took a stand and stuck to it instead of wish-washing all over the place, depending on what they want to do at the moment.

And I'd also venture to guess that the folks who cite "what about all of these OTHER people who do it?" are also the same folks who tell their children "If everyone else was jumping off of a bridge, would you?" or telling their children, "I dont' care if everyone else is drinking beer in jr. high, it's still illegal for YOU to do it!"

Consistency. I'd just like to see consistency. It would be a nice change of pace on this topic.

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SugarNSpiceDiva Posted 3 Jan 2010 , 12:55pm
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Whoa, I hope everyone can accept my sincerest apologies. I'm gonna shyly pull out the newbie card on this one and say I'm sorry. I honestly didn't realize this would become such a heated discussion.

I've come to the conclusion that, besides all the laws and don't do this and don't do that, I think this topic is more of a moral decision.

True story: A couple of months ago, my 7 year old daughter saw something in Michaels that she liked. She decided that since she liked it, she should have it, and tried to steal it. Now, we never really talked to her about stealing, cuz we never had a problem with it. I had to sit down with her in the middle of the store and explain to her that, just because we like something, doesn't mean we can take it. I explained that we have to work for money to pay for it, because somebody else worked hard to make it.

My husband and I do our very best to "lead by example" for our girls. How can I, with good conscience tell my children not to steal when I do it myself? I think the makers of Disney worked really hard to create what they have, and they have a right to keep it to themselves, or request compensation for others to use it.

But thats just my opinion. Once again, my apologies for creating such a debateable topic.

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Mike1394 Posted 3 Jan 2010 , 1:12pm
post #40 of 42

Don't be sorry for bringing up the subject. This way others learn.

Mike

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costumeczar Posted 3 Jan 2010 , 2:35pm
post #41 of 42
Quote:
Originally Posted by SugarNSpiceDiva

My husband and I do our very best to "lead by example" for our girls. How can I, with good conscience tell my children not to steal when I do it myself? I think the makers of Disney worked really hard to create what they have, and they have a right to keep it to themselves, or request compensation for others to use it.

.




Thanks for pointing out something that I've brought up before, but a lot of people seem to want to ignore! There have been people in this type of thread who are all for doing whatever they want, then they mention their young children. I always want to ask what kind of example they think they're setting, because kids do watch us!

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Carolynlovescake Posted 3 Jan 2010 , 8:25pm
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Here's my take.

We can't stop others from doing what is illegal, we can only stop ourselves from doing it.

Now that you know the law you have a choice, to follow it or not.

Trust me when I say, after years in this industry I've seen things happen to those that break the law be it running an illegal kitchen from their home, being caught using copyright images, stealing pictures from a website and claiming it as their work and not being able to delivery the same quality of decorating as the picture, talking up their wonderful cakes that taste like cardboard, animal hair in frostings, cigarette ashes on the decorated cake etc...

It's not a matter of if you will be caught, it's a matter of when you will be caught. If a big name corporation finds you be prepared to spend big name money defending yourself.

That's why I had my little copyright write up on the wall. The customer can scream at me for not making that special Tinkerbell cake her precious HAS to have to make her 3rd birthday perfect and how wrong it is of me to rob this child of her perfect birthday cake memory etc. I'd point to the sign and say "I follow the law, feel free to go to a bakery who doesn't because if they break this law, that means they are breaking even more. You better hope they don't break the health department codes too." They would get an odd look on their face and say "seriously"... my smart aleck reply "well if they will break a major law like copyright infringement who's to say they take any laws or codes on running a safe business in other areas."

I refuse to do anything with our University mascot on it for anyone outside of immediate family and VERY good friends (short list for this mascot) as a gift because I happen to live in Eugene, OR... where the UofO mascot is Donald Duck. The colors I'll match identically, and I'll even do the O, but the Duck... no way, no how, not now, not ever.

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