There isn't much opinion in the law. It is just a choice to abide or ignore.
Susan, I abide, that was my whole point, but it was being ignored. I was just trying to be fair and understand how anyone who is conscious in this world could not know they are breaking copyright rules. Perhaps a kid in highschool, but I even doubt that given all that has happened regarding the downloads re: songs, dvd, etc.
I was trying to be civil.
When I took the Wilton course, that's one of the first things the instructor brought up.
Home-based has nothing to do with it and a business based on a need to produce illegal cakes seems like a poor way to start. Infringement has nothing to do with whether the business is legal, illegal, CFL.
The big companies are not going to give permission as a general rule. And I would hate to think of having to charge for my time to write for permission for every cake I made.
Your facebook pictures or the facebook of anyone attending a party are proof enough of the infringement. If you create the cake, it will be hard to keep it off the web, business or not.
If this is directed at me you need to cool your jets! I simply wanted to know because I want to work from home legally and be able to use images with permission. I am trying to do it the right way and want to know about other home-based business and getting permission! I do not have a NEED to produce illegal images but I know from now on to tell customers that I can not handmake characters or carve cakes to charcters that it will have to be store bought.
enchanted, I'm not pointing at you or anyone. This is just something that really isn't a debate, although it is a debate on CC, rather than a discussion.
I agree that we are all exposed. Those little "C's" and "TM's" are hard to ignore for a lifetime. And those of us in school with a strong lit and comp background, college marketing, business law, and economics... it's easy to understand. But for those who do not have a strong background in these subjects, the actual law may be forgotten with the rampant infringements out there today.
Enchanted, I am a firm believer in the law, especially when I know why it is in place and how our society would be much different without copyright/trademark law. But to try to convert or persuade those who see other people's protected property as up for grabs will not change until it hits their own pocket.
Here is my questions: How many home-bakes have contacted said companies and actually received permission? I am trying to achieve a legal in-home business and after reading Disney's requirments to recieve permission (jason_kraft posted a link for) it scared me to the point of rethinking a home based business. I don't see how any home-based could achieve permission.
I've contacted some sports teams and some companies to get permission for things. Like I said earlier, some of them are vague but tell me that they don't mind if it's for a fan (Jack Daniels, Nike, and some other big ones), some say no outright, and some send you a signed letter with permission to use the team logo a certain number of times a year before you have to pay royalties. It never hurts to ask, but there are some like Disney that have such a high bar it isn't even worth pursuing.
Now, having said that about Jack daniels and Nike, I will also say that just because they told me that doesn't mean that their policies won't change, so you should always get in touch with the legal departments and ask yourself. Better yet, have the client who wants the cake call and ask and get a written statement that it's okay. Save yourself the time of tracking the legal dept. down.
carolina, re-read your post.
okay ummm and your point?
When we get requests for copyrighted characters, the onus is on the customer to show that they have obtained permission from the owner of any copyrighted elements in their requested design. (Any bakery that creates edible images from a customer's photo will have the same policy.)
So far all of these customers have either gone with a more basic design or supplied licensed toppers for a generic cake with the color theme of the character.
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