Why Am I Worrying About Copyright Laws...?

Business By Amberwaves Updated 29 Jan 2015 , 1:46am by tdovewings

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jason_kraft Posted 10 Jan 2014 , 4:11am
post #61 of 140

ACopyright law affects everyone, regardless of whether or not they operate a business or charge for the final product. If a character, logo, or some other original design is copyrighted, then you need permission to recreate it, period. Typically the easiest way to do this is by calling the copyright owner and speaking to someone responsible for licensing. Email, snail mail, and faxes are too easy to ignore.

Some copyright owners will allow unlimited use, some will allow only personal use, some will ask for a license payment, and some won't allow any use at all. If you have a business, I find it better to require the customer to obtain permission to reproduce copyrighted material, so if the copyright owner turns them down the customer is mad at them, not you.

Copyright owners typically find out about infringement through pictures posted publicly. From a practical standpoint if no one posts any pictures of the infringing cake there would be virtually no way to get caught.

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cakelove2105 Posted 10 Jan 2014 , 4:15am
post #62 of 140

Quote:

Originally Posted by jason_kraft 

Copyright law affects everyone, regardless of whether or not they operate a business or charge for the final product. If a character, logo, or some other original design is copyrighted, then you need permission to recreate it, period. Typically the easiest way to do this is by calling the copyright owner and speaking to someone responsible for licensing. Email, snail mail, and faxes are too easy to ignore.

Some copyright owners will allow unlimited use, some will allow only personal use, some will ask for a license payment, and some won't allow any use at all. If you have a business, I find it better to require the customer to obtain permission to reproduce copyrighted material, so if the copyright owner turns them down the customer is mad at them, not you.

Copyright owners typically find out about infringement through pictures posted publicly. From a practical standpoint if no one posts any pictures of the infringing cake there would be virtually no way to get caught.

Thank you for the explanation. All make sense and its more clear for me.

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cakelove2105 Posted 10 Jan 2014 , 9:03pm
post #63 of 140

What's the issue with getting the permission to recreate something on your cake? Is it expensive to get it or what?

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kikiandkyle Posted 10 Jan 2014 , 9:05pm
post #64 of 140

AThere isn't always/often a charge - the issue is usually trying to get hold of the right person, and then the problem is that they may already have an exclusive licensing agreement which does not allow them to give you permission.

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cakelove2105 Posted 10 Jan 2014 , 9:09pm
post #65 of 140

Quote:

Originally Posted by kikiandkyle 

There isn't always/often a charge - the issue is usually trying to get hold of the right person, and then the problem is that they may already have an exclusive licensing agreement which does not allow them to give you permission.

thank you kikiandkyle let's say you get the permission, is it to be used only once or for a certain period of time?

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kikiandkyle Posted 10 Jan 2014 , 9:12pm
post #66 of 140

AIt varies. Some people only get a one-time use and others may get an open ended permission. It depends on the situation.

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cakelove2105 Posted 10 Jan 2014 , 9:14pm
post #67 of 140

Quote:

Originally Posted by kikiandkyle 

It varies. Some people only get a one-time use and others may get an open ended permission. It depends on the situation.

thank you kikiandkyle :)

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7burnedlillies Posted 29 Mar 2014 , 4:38am
post #68 of 140

I am so with you. I am actually relieved that the copyright laws give me an excuse to say no. Especially Disney cakes. I would rather not, ever, thanks.

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enga Posted 29 Mar 2014 , 5:26am
post #69 of 140

I was shocked when I saw this a few weeks ago, although he is one of my favorite cake designers, he might give some people the impression that its okay to do character cakes. But I'm quite sure that by taking a minimum of $500.00 per order at $15.00 per serving, he has paid for the licence to use them, lol

 

http://www.weddingcakes.com/#/collections/for-little-ones/

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mariabambina Posted 29 Mar 2014 , 6:05am
post #70 of 140

Hi Jason,

 

I have a cakepop business, and I commonly receive requests to make character-themed cakepops such as those in the photo to which the link directs you.  If I have read the material here correctly, is this illegal?

 

Thanks!

 

https://www.flickr.com/photos/9736857@N04/12482441285/

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morganchampagne Posted 29 Mar 2014 , 6:08am
post #71 of 140

A

Original message sent by mariabambina

Hi Jason,

I have a cakepop business, and I commonly receive requests to make character-themed cakepops such as those in the photo to which the link directs you.  If I have read the material here correctly, is this illegal?

Thanks!

[URL=https://www.flickr.com/photos/9736857@N04/12482441285/]https://www.flickr.com/photos/9736857@N04/12482441285/[/URL]

Unfortunately, Jason is no longer a member of this community, so he won't be responding to your post :(

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howboutbake Posted 29 Mar 2014 , 7:32am
post #72 of 140

Quote:

Originally Posted by enga 
 

I was shocked when I saw this a few weeks ago, although he is one of my favorite cake designers, he might give some people the impression that its okay to do character cakes. But I'm quite sure that by taking a minimum of $500.00 per order at $15.00 per serving, he has paid for the licence to use them, lol

 

http://www.weddingcakes.com/#/collections/for-little-ones/

 

It's funny I saw a hello kitty cake on there.. A couple of years ago I actually emailed sanrio, inquiring about licences etc.  and they basically said "no way, no how"  I'll see if I can dig up exactly what they said

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howboutbake Posted 29 Mar 2014 , 7:34am
post #73 of 140

Here is my inquiry:

 

Hello, 

 
I am inquiring about licensing for Hello Kitty.  I am a home baker and would like to know if it's possible to obtain a license to sell Hello Kitty cookies and cakes.  If this is possible, what is the process that would need to be undertaken? 
 
Thank You, 
 
Heather MacDonald
 
 
Here is their response:
 

Hi Heather,

 

Thank you for your interest in Sanrio!  In order to use our trademarked property on product for resale, you would need to obtain a license from our office.  Unfortunately the type of business you run at this time makes it very complicated for us to grant such a license.  We will keep your information on file and contact you should anything change in the future.

 

Best,

 

Nice Lady,

Associate Licensing Manager

11-sanrio_mailbox_FINAL

Sanrio, Inc.

21535 Hawthorne Blvd. Suite 410

Torrance, CA 90503

 

310-896-3262 Main

310-896-3275 Direct

310-792-7363 Fax

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MBalaska Posted 29 Mar 2014 , 8:44am
post #74 of 140

The possibility exists: that a world famous exclusive Cakery does have company permission to use copyrighted logos.

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TheNerdyBaker Posted 29 Mar 2014 , 9:31am
post #75 of 140

A few months ago I had a SUPER nasty falling out with the owner of a full service custom cake bakery  that I had been working at for over 2 years.

 

Long story short, she didn't give even half a damn about copyright laws and after we parted ways I shot out copyright infringement emails to absolutely every company that I could find that had a cake in her albums.

 

Nothing came of them, and it infuriates me to absolutely no end.  Just checked right now and over the past few months she continues to post Mickey, Hello Kitty, and everything else =/

 

I understand the laws as best as I think anyone else on this forum does, and I absolutely can't stand it when a baker will knowingly go into a contract with a guest with intent to recreate a copyrighted piece of art.  I specialize in "geek/nerd culture" type projects (Video games, cult TV shows, movies, technology, extreme cake elements etc) and there is actually another nationally known bakery that blatantly disregards copyright and sits comfortably in the niche that I occupy.  The difference?  She is nationally known because she is able to make things more "accurate" to the source material by using characters and logos that don't rightfully belong to her.

 

Don't get me wrong.  The lady I am talking about above is ridiculously talented, but she is flat out stealing a piece of my pie.

 

TL;DR - It is morally apprehensible and it is a straight up eff off to legitimate bakers.

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costumeczar Posted 29 Mar 2014 , 12:57pm
post #76 of 140

Quote:

Originally Posted by mariabambina 
 

Hi Jason,

 

I have a cakepop business, and I commonly receive requests to make character-themed cakepops such as those in the photo to which the link directs you.  If I have read the material here correctly, is this illegal?

 

Thanks!

 

https://www.flickr.com/photos/9736857@N04/12482441285/

I'll answer...yes, that's illegal. If it's recognizable as a Disney or any other trademarked or copyrighted work, it's not legal to copy it.

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mariabambina Posted 29 Mar 2014 , 4:01pm
post #77 of 140

Thanks, Costumerczar! 

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enga Posted 29 Mar 2014 , 5:37pm
post #78 of 140

Quote:

Originally Posted by howboutbake 
 

Here is my inquiry:

 

Hello, 

 
I am inquiring about licensing for Hello Kitty.  I am a home baker and would like to know if it's possible to obtain a license to sell Hello Kitty cookies and cakes.  If this is possible, what is the process that would need to be undertaken? 
 
Thank You, 
 
Heather MacDonald
 
 
Here is their response:
 

Hi Heather,

 

Thank you for your interest in Sanrio!  In order to use our trademarked property on product for resale, you would need to obtain a license from our office.  Unfortunately the type of business you run at this time makes it very complicated for us to grant such a license.  We will keep your information on file and contact you should anything change in the future.

 

Best,

 

Nice Lady,

Associate Licensing Manager

11-sanrio_mailbox_FINAL

Sanrio, Inc.

21535 Hawthorne Blvd. Suite 410

Torrance, CA 90503

 

310-896-3262 Main

310-896-3275 Direct

310-792-7363 Fax

8O

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howboutbake Posted 29 Mar 2014 , 5:41pm
post #79 of 140

Quote:

Originally Posted by MBalaska 
 

The possibility exists: that a world famous exclusive Cakery does have company permission to use copyrighted logos.

 

 

This is true!

 

It certainly doesn't apply to the rest of us though :smile:  

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enga Posted 29 Mar 2014 , 5:49pm
post #80 of 140

Quote:

Originally Posted by TheNerdyBaker 
 

A few months ago I had a SUPER nasty falling out with the owner of a full service custom cake bakery  that I had been working at for over 2 years.

 

Long story short, she didn't give even half a damn about copyright laws and after we parted ways I shot out copyright infringement emails to absolutely every company that I could find that had a cake in her albums.

 

Nothing came of them, and it infuriates me to absolutely no end.  Just checked right now and over the past few months she continues to post Mickey, Hello Kitty, and everything else =/

 

I understand the laws as best as I think anyone else on this forum does, and I absolutely can't stand it when a baker will knowingly go into a contract with a guest with intent to recreate a copyrighted piece of art.  I specialize in "geek/nerd culture" type projects (Video games, cult TV shows, movies, technology, extreme cake elements etc) and there is actually another nationally known bakery that blatantly disregards copyright and sits comfortably in the niche that I occupy.  The difference?  She is nationally known because she is able to make things more "accurate" to the source material by using characters and logos that don't rightfully belong to her.

 

Don't get me wrong.  The lady I am talking about above is ridiculously talented, but she is flat out stealing a piece of my pie.

 

TL;DR - It is morally apprehensible and it is a straight up eff off to legitimate bakers.

That is all kinds of wrong, wow! I don't do them and had a clause on my website, do think that would stop them from asking? It's just not fair to legitimate bakers like yourself, who are following the law, to have to constantly look at people who are getting away with this. Makes you want to snap, crackle, and pop! Hope Rice Krispies doesn't come after me for that.

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Katyast Posted 29 Mar 2014 , 9:13pm
post #81 of 140

I just had a request from a friend to do a wedding cake topper showing the bride and groom playing X-Box.  I'd like to do it for the experience (at no cost) and also it's some free advertising.  Would this be infringement if it is done for free as a gift?

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TheNerdyBaker Posted 29 Mar 2014 , 9:24pm
post #82 of 140

Quote:

Originally Posted by Katyast 
 

I just had a request from a friend to do a wedding cake topper showing the bride and groom playing X-Box.  I'd like to do it for the experience (at no cost) and also it's some free advertising.  Would this be infringement if it is done for free as a gift?

 

Technically no, but the cake can also not be used as any kind of advertisement.  Meaning you can't post it on your FB, your website, or any other social media.  As long as no money is transferred hands and it was done as a legitimate gift you should be fine legally.

 

It is easier for you as a business owner just to make a generic video game system and leave off the XBox branding.

 

Practice good habits now, or succumb to them later.

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enga Posted 29 Mar 2014 , 9:50pm
post #83 of 140

I had an idea once and thought it would have been so cute to make a game system that had XX + XY- Box on it for a wedding cake. But I knew it would have been a copyright infringement simply because it had the "X" and "Box" on it, (sigh). I didn't know about the "as long as no money transferred hands" part though.

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enga Posted 30 Mar 2014 , 1:15am
post #84 of 140

Quote:

Originally Posted by Katyast 
 

I just had a request from a friend to do a wedding cake topper showing the bride and groom playing X-Box.  I'd like to do it for the experience (at no cost) and also it's some free advertising.  Would this be infringement if it is done for free as a gift?

Playing around on the internet when I saw this,I thought this was too funny.

 

http://www.kawaiianpunch.com/2012/07/gamer-girl-wedding-cake-topper-is.html

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Katyast Posted 30 Mar 2014 , 4:40pm
post #85 of 140

Enga - great photo!

 

And thank you all for the responses, I will ask that they not advertise their cake topper. 

 

Since reading this thread, as I go through cake photos on this site, I'm surprised at the amount of members that don't follow copyright laws.  Yes, many do post that cakes are for immediate family members, but then there are those that I've just admired their work and no way do they have 66 close family members to bake for! 

I kind of feel like sites such as this should help promote/teach proper laws/regulations and should ban copyrighted material instead of allowing members to vote and support breaking regulations.

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enga Posted 30 Mar 2014 , 5:06pm
post #86 of 140

I know what you mean katyast, it just doesn't seem fair. I was looking for cake ideas for someone who is into computers and games that is graduating next month. I did a search and was blown away.

 

Sorry wrong search, it was for geeky cakes.

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Katyast Posted 30 Mar 2014 , 5:16pm
post #87 of 140

I found this really great article on copyright laws and cake decorating:  http://jasonkraftblog.wordpress.com/2013/05/21/copyright-law-and-cake-decorating/

 

There was a really great suggestion to have the customer who wants a copyrighted character to obtain the written permission themselves before placing the order, that way if they are denied, their unhappiness is directed at the company rather than you, the cake decorator.  I have a feeling, some customers would think it was too much effort and will order something else. 

 

I'm going to add this type of disclaimer when I get a website up and running.

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enga Posted 30 Mar 2014 , 5:32pm
post #88 of 140

Yeah, Jason seemed to know a lot of infomation on copyright laws. I had a disclaimer on my website too. I don't do cakes at the present time but for graduation, I think that  they have earned a nice cake and don't' mind making it for free. While I'm following the laws by being creative, to see people just disregard it really bunches my knickers.

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Sammy09 Posted 30 Mar 2014 , 6:51pm
post #89 of 140

AYeah, long time no see.

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CollieMom89 Posted 31 Mar 2014 , 2:26am
post #90 of 140

I did a cake/cake pops last October for my mom (an epidemiologist) who loves the GIANTmicrobes germ plushes.

 

I wrote the company first and created the cake with their permission.  They even asked me to post it to their facebook and commented on how everyone in their office was talking about it :) It was a really cool experience and I loved the end product (especially the little flesh eating disease cake pops with their fork and knife decorations :lol:)

 

My advice - reach out to the company, you never know what they may say!!

 

Cake pops represent different GIANTmicrobes - Mad Cow, Flesh Eating Disease, Gangrene, Meningitis, and Swine Flu.

 

The cake on top is the common cold - made from the Wilton ball pan with chocolate half sphere "nodes" sticking out.

 

Sounds gross - but my mom was tickled pink!

 

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