Why Am I Worrying About Copyright Laws...?

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

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enga Posted 31 Mar 2014 , 2:34am
post #91 of 140

That's a good idea, maybe I'll do that in the future, love the knife and fork addition, lol.  It sounds gross but your mom liked it. That's all that matters. 

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drea88 Posted 31 Mar 2014 , 9:38am
post #92 of 140

AThis may be a dumb question, but I noticed that edibleprints.com sells edible images with Disney characters. I assume they must have permission to be able to sell those images, and so there wouldn't be a problem using those for cakes, right?

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costumeczar Posted 31 Mar 2014 , 10:37am
post #93 of 140

A

Original message sent by drea88

This may be a dumb question, but I noticed that edibleprints.com sells edible images with Disney characters. I assume they must have permission to be able to sell those images, and so there wouldn't be a problem using those for cakes, right?

An interesting question...you assume that someone selling those has the rights, but a lot of people who are smaller operations don't, like on Etsy. Decopac has rights to sell them, then you can sell the cake with them on it, but they'r a larger company. I don't know anything about edibleprints but you could check with them to see if they have a license if you want to be sure.

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costumeczar Posted 31 Mar 2014 , 10:41am
post #94 of 140

AI looked at the edibleprints website, and my guess is that they get a lot of their Disney images from somewhere like Decopac.

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drea88 Posted 31 Mar 2014 , 11:48am
post #95 of 140

A

Original message sent by costumeczar

I looked at the edibleprints website, and my guess is that they get a lot of their Disney images from somewhere like Decopac.

Thanks!

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Eachna Posted 31 Mar 2014 , 12:14pm
post #96 of 140

 

Quote:

Originally Posted by BakingIrene 


Good for you. And don't lose any sleep--you paid for the Disney product as a gift.

The issue is this: the Wilton character pans all come with the statement in fine print that making those cakes is permitted for home consumption but NOT for commercial sale. Wilton has a license to make and sell the pans for that restricted use.

Now here's a related matter: I see scans of Toba Garrett books on ebay all the time. I have emailed her husband-agent a couple of times as I am offended that somebody is selling 100's of copies at $2 each. And the listings disappear...and a few months later they are back up again. Wonder why they don't monitor ebay for copyright violations themselves?

 

I'm  Wilton is not legally allowed to restrict the usage of cakes bake from their pans to non-commercial use (at least in the US).

 

First sale doctrine and licensing laws are both very specific in how items may be sold/exchanged.  However, just because a company doesn't have a legal leg to stand on doesn't mean they won't try to bully and intimidate consumers. That means that if you buy the pans and bake items for commercial sale, there's nothing to stop Disney or Wilton from suing you. You're probably not going to be able to afford to fight them. Legally, you would be in the "right". Practically, they would "win".

 

The license restriction on the Wilton pans is a contract as to who can can manufacture/sell the pans. Wilton contracting for the license does not entitle them to limit how you may use the pan after purchase (nor does it entitle Disney to limit the license in that particular way). Something that people often miss is the license is not between you and Disney (or Wilton). The license is between Disney and Wilton.

 

However, since you haven't licensed the colors/patterns of the characters from Disney, it's quite possible buying a Snow White pan and decorating the cake to look like Aurora would be an infringement. People who better understand the division between the procedural and the artistic elements of cake decorating would be able to answer that.

 

 

All of that is in fact completely unrelated to selling scanned copies of copyrighted books. Scanning and selling copyrighted books is restricted in the US (as well as under the assorted international copyright treaties).

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Katyast Posted 1 Apr 2014 , 5:12am
post #97 of 140

I love this idea!  I work at the CDC, so this is something that my co-workers would appreciate.  Do you mind if I borrow this idea sometime.

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CollieMom89 Posted 1 Apr 2014 , 1:38pm
post #98 of 140

I'm assuming since you mentioned the CDC, you meant the GIANTmicrobes cake.

 

I wouldn't mind at all :) It was a lot of fun to make, and everyone got a real kick out of it!  Definitely write the company beforehand and ask them - but they were enthusiastic when I made the cake/cakepops.

 

Unfortunately, I now have to come up with a clever idea that bests this for her next birthday, haha.

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popconnoisseur Posted 1 Apr 2014 , 8:02pm
post #99 of 140

What if you buy a cartridge from circuit that has disney characters? Can you then use your circuit machine to produce those images for a client?

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thecakewitch Posted 1 Apr 2014 , 8:43pm
post #100 of 140

Quote:

Originally Posted by popconnoisseur 
 

What if you buy a cartridge from circuit that has disney characters? Can you then use your circuit machine to produce those images for a client?

From Cricut's website: http://www.cricut.com/home/legal/angel-policy

Subject to the terms and conditions set forth herein and to all applicable Third Party Rights Restrictions, Provo Craft hereby grants limited permission to private individuals to incorporate Copyright Material and Third Party Rights into Finished Products that may be offered and sold to others, but only in the quantities and in the manner expressly permitted in this Angel Policy. Notwithstanding the foregoing, Walt Disney Company (Disney Consumer Products, Inc.), Sesame Workshop, Hello Kitty (Sanrio, Inc.), Warner Bros. (DC Comics, c/o Warner Bros. Consumer Products, Inc.), Martha Stewart and Nickelodeon (Viacom International, Inc.) characters and images MAY NOT be reproduced and sold. Any person who uses Copyright Material or Third Party Rights pursuant to this permission agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions. No individual cuts of Copyright Material made by or with CRICUT® or CUTTLEBUG® brand products may be sold. (To see samples of Finished Products and individual cuts click here).

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MBalaska Posted 1 Apr 2014 , 8:58pm
post #101 of 140

so that's a NO then....... correct?

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thecakewitch Posted 1 Apr 2014 , 9:02pm
post #102 of 140

That is my understanding as well. A big fat NO.

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AZCouture Posted 2 Apr 2014 , 2:03am
post #103 of 140

AWhat's really confusing to some I would assume is when cake supply companies sell cutters of big name fashion houses. Just saw a Facebook page advertising cutters for the Chanel double c's, the Louis Vuitton logo, some others. It doesn't take much thinking to know that these ultra posh labels wouldn't put their name on a two dollar plastic cutter, but I know it gives a LOT of people the idea that it must be ok.

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Katyast Posted 3 Apr 2014 , 3:22pm
post #104 of 140

Yes, I meant the giant microbe cake!  - Thank you :)

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HeartStrings2 Posted 23 Apr 2014 , 2:28am
post #105 of 140

I also received a cease & desist order for a cake design.  I am telling my potential clients that the risk is too high, and I will be more than happy to make their cake using items that can be purchased from a retail store (they have already taken care of the copyright issues), and if that's not what they want, they can find someone else to do it.  I can't afford to take the chance on getting caught again.  If it weren't for the fact that most clients wish to post pictures of the masterpieces that you've created for them online, on facebook, twitter, instagram, pinterst, etsy, etc...it wouldn't be such a huge issue....but you can't guarantee that even though they tell you they won't post them, some family member who doesn't know any better will...and the lawyers will track you down.  They did me.  No more.  

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AZCouture Posted 23 Apr 2014 , 3:07am
post #106 of 140

A[@]HeartStrings2[/@], you wouldn't be willing to share any details about that would you? I'd completely understand if you can't or don't want to, but it would be interesting to know more. Again, I know it's a longshot, asking for details, but I figured I'd try. :D

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IAmPamCakes Posted 23 Apr 2014 , 8:02am
post #107 of 140

AI like to know that companies really are going after law-breakers. It helps me to reinforce my 'no copyrighted products' policy.

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HeartStrings2 Posted 23 Apr 2014 , 12:19pm
post #108 of 140

I received a letter from an attorney in Washington, DC that states "We have learned that you are marketing and selling a cake that replicates the packaging of ______________. We enclose for your reference a printout from your website located at.... showing the unauthorized use of my client's trademark and distinctive packaging trade dress on your bakery product. It is likely that consumers will mistakenly believe that USSTC approves or licenses ____________ cake you are offering, or that the cake is somehow affiliated or connected with USSTC or the __________ brand. Moreover, the use of USSTC's famous trademark and trade dress in connection with your bakery products is likely to dilute the distinctive nature of my client's federally protected ___________ trademark and trade dress.  As such, the unauthorized use of my client's trademark and trade dress violates the federal Lanham Act, 15 U.S.C. 1051 et seq., as well as applicable state unfair competition statues.  We, therefore, must ask that you (i) immediately discontinue marketing and selling bakery products bearing the __________ trademark or packaging trade dress; (ii) remove all such products and uses of the ___________ trademark and trade dress from your marketing materials, including the ________________ website; and (iii) permanently refrain from selling cakes and any other bakery products that include my client's trademarks or trade dress"...(the underlines are where the company name was).

 

I had to send them a notarized statement that I would do as they asked.  I spoke with my attorney and told her that I had found the design online, and how could they come after ME when there were so many others who had done the same thing.  Her advice was to remove any and all images of cakes that I had done that could possibly violate any company trademark.  

 

So, in order to avoid another occurrence of this, I refuse to do any future cakes that would potentially violate the marks.  BUT, according to my attorney, and our local cake decorating supply shop, if you purchase cookie cutters, packaged figures, or anything that was created by the licensing company (ie Disney, Pixar, etc), they are usable.  Be sure that the items you use are licensed by these people, because any "knock-offs" could still get you in trouble.  Hope this helps - and remember, this is MY dealings and MY opinion.

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morganchampagne Posted 23 Apr 2014 , 2:10pm
post #109 of 140

AGlad you posted about your experience. I posted a similar warning a while back, and was pretty much accused by some of making it up. It wasn't my case, so I couldn't give details. Maybe this will encourage people to finally get it, and stop breaking the law.

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costumeczar Posted 24 Apr 2014 , 10:40pm
post #110 of 140

Quote:

Originally Posted by HeartStrings2 
 

  Hope this helps - and remember, this is MY dealings and MY opinion.

No disclaimer necessary, it isn't an opinion if you actually received the letter!

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AZCouture Posted 24 Apr 2014 , 10:59pm
post #111 of 140

A

Original message sent by HeartStrings2

I received a letter from an attorney in Washington, DC that states [I]"We have learned that you are marketing and selling a cake that replicates the packaging of ______________. We enclose for your reference a printout from your website located at.... showing the unauthorized use of my client's trademark and distinctive packaging trade dress on your bakery product. It is likely that consumers will mistakenly believe that USSTC approves or licenses ____________ cake you are offering, or that the cake is somehow affiliated or connected with USSTC or the __________ brand. Moreover, the use of USSTC's famous trademark and trade dress in connection with your bakery products is likely to dilute the distinctive nature of my client's federally protected ___________ trademark and trade dress.  As such, the unauthorized use of my client's trademark and trade dress violates the federal Lanham Act, 15 U.S.C. 1051 et seq., as well as applicable state unfair competition statues.  We, therefore, must ask that you (i) immediately discontinue marketing and selling bakery products bearing the __________ trademark or packaging trade dress; (ii) remove all such products and uses of the ___________ trademark and trade dress from your marketing materials, including the ________________ website; and (iii) permanently refrain from selling cakes and any other bakery products that include my client's trademarks or trade dress".[/I]..(the underlines are where the company name was).

I had to send them a notarized statement that I would do as they asked.  I spoke with my attorney and told her that I had found the design online, and how could they come after ME when there were so many others who had done the same thing.  Her advice was to remove any and all images of cakes that I had done that could possibly violate any company trademark.  

So, in order to avoid another occurrence of this, I refuse to do any future cakes that would potentially violate the marks.  BUT, according to my attorney, and our local cake decorating supply shop, if you purchase cookie cutters, packaged figures, or anything that was created by the licensing company (ie Disney, Pixar, etc), they are usable.  Be sure that the items you use are licensed by these people, because any "knock-offs" could still get you in trouble.  Hope this helps - and remember, this is MY dealings and MY opinion.

Well there it is. Thanks for sharing! I would have wet myself just a little when I started reading it if I had been the one to receive it. I can't help but not trust the advice though about the cookie cutters. You (general you, not specifically you HeartStrings) may have paid for the cookie cutter, but I don't think that means you can make a profit off the cookies you make with that cutter...right? Seems to make sense to me. Just like the little Wilton character pans are off limit as well. Again, thanks for sharing that. Glad you didn't get into any trouble after that.

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cakelove2105 Posted 25 Apr 2014 , 12:09am
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I must say this, if it is so hard to get permission to recreate let's say for example a cake on Tom & Jerry on cake, and the consequences of it can be so devastating, why are here so many cartoons and movie character cakes? I'm confused there.... :( please someone explain :(

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costumeczar Posted 25 Apr 2014 , 12:18am
post #113 of 140

Quote:

Originally Posted by cakelove2105 
 

I must say this, if it is so hard to get permission to recreate let's say for example a cake on Tom & Jerry on cake, and the consequences of it can be so devastating, why are here so many cartoons and movie character cakes? I'm confused there.... :( please someone explain :(

Because people either don't understand copyright laws or don't care about it, or think that they're special and it doesn't apply to them. But have someone steal a picture off of their website and they suddenly care A LOT!! :grin:

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cakelove2105 Posted 26 Apr 2014 , 5:23pm
post #114 of 140

Quote:

Originally Posted by costumeczar 
 

Because people either don't understand copyright laws or don't care about it, or think that they're special and it doesn't apply to them. But have someone steal a picture off of their website and they suddenly care A LOT!! :grin:


And when they find a pic of their trademark, How do they actually know you do not have license for it? I mean, It may be that you have it right?

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-K8memphis Posted 26 Apr 2014 , 6:37pm
post #115 of 140
Quote:
Originally Posted by cakelove2105 
 
Quote:
And when they find a pic of their trademark, How do they actually know you do not have license for it? I mean, It may be that you have it right?

 

you maybe didn't think that through--whoever owns the trademark grants permission/s so if they didn't give it to you they would know that already kwim--

 

they themselves are the grantor of the license so--is that what you mean?

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-K8memphis Posted 26 Apr 2014 , 6:59pm
post #116 of 140

Quote:

Originally Posted by -K8memphis 
 
Quote:
Originally Posted by cakelove2105 
 
Quote:
And when they find a pic of their trademark, How do they actually know you do not have license for it? I mean, It may be that you have it right?

 

you maybe didn't think that through--whoever owns the trademark grants permission/s so if they didn't give it to you they would know that already kwim--

 

they themselves are the grantor of the license so--is that what you mean?

 

but i mean sure in some cases they do grant permission and they also love to charge you big time to sell you the licensing--so yes one can be granted permission too--yes

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costumeczar Posted 26 Apr 2014 , 9:03pm
post #117 of 140

A

Original message sent by cakelove2105

And when they find a pic of their trademark, How do they actually know you do not have license for it? I mean, It may be that you have it right?

They would either have it on file that you have the license or not. Also, the majority of the people who I've gotten permission from to use their trademarked logos specifically say that you're not allowed to use the images of their logos on your website or anything else that would be interpreted as advertising, including facebook. It's one thing to give someone a license to sell using the logo, but if you put something on your website with their logo people could assume that the company is endorsing you, which they're not...

I have licenses with some pro sports teams, and they pretty much all say to not put cakes with their images in any of my advertising or on my website.

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cakelove2105 Posted 29 Apr 2014 , 2:51am
post #118 of 140
Quote:
Originally Posted by costumeczar 


They would either have it on file that you have the license or not. Also, the majority of the people who I've gotten permission from to use their trademarked logos specifically say that you're not allowed to use the images of their logos on your website or anything else that would be interpreted as advertising, including facebook. It's one thing to give someone a license to sell using the logo, but if you put something on your website with their logo people could assume that the company is endorsing you, which they're not...

I have licenses with some pro sports teams, and they pretty much all say to not put cakes with their images in any of my advertising or on my website.

Thank you. Also, once you get the license, can you use their trademarks every time you want or is it one-time use? I apologize for so many questions but this is so interesting :eek: 

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costumeczar Posted 29 Apr 2014 , 10:34am
post #119 of 140

A

Original message sent by cakelove2105

Thank you. Also, once you get the license, can you use their trademarks every time you want or is it one-time use? I apologize for so many questions but this is so interesting :o  

It depends...most of the businesses that I have them from are one-use things. I've done Jack Daniels, Old Bay, Nike, can't think of others but they all said okay for one use, and that was after i called and spoke to actual people in their legal departments, not just emailed them.

The sports teams will usually give you permission to do a certain number per year without paying them royalties. I have letters from some football teams to allow me to do three or four per team per year. Baseball teams are complete douches, they make it really difficult, but you have better luck calling than writing. I should blog about my "delightful" experience with the Phillies, that takes more time than i have now.

Colleges are hit and miss. Usually they'll say that if it's for an alum they look at it as a gift to the graduate, but some of them are really specific about the logos and pictures of the mascots that they want you to use. Some want to send you a letter to keep on file, some will say one use only.

Disney, Nickelodeon, No way. Disney has a very long vetting process and it's expensive to get a license. Every single Frozen cake you see clogging up your facebook feed is probably illegal. I've had people either get permission or not from Angry Birds...some of the little kids' shows on PBS are lenient about it...Star Wars used to be very lenient but Disney bought that too, also Marvel comics, so I assume that those are verboten now.

In general you'll have more luck calling the business or team directly than you will by emailing them.

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JWinslow Posted 29 Apr 2014 , 3:07pm
post #120 of 140

Quote:

Originally Posted by costumeczar 


It depends...most of the businesses that I have them from are one-use things. I've done Jack Daniels, Old Bay, Nike, can't think of others but they all said okay for one use, and that was after i called and spoke to actual people in their legal departments, not just emailed them.


Disney, Nickelodeon, No way. Disney has a very long vetting process and it's expensive to get a license. Every single Frozen cake you see clogging up your facebook feed is probably illegal. I've had people either get permission or not from Angry Birds...some of the little kids' shows on PBS are lenient about it...Star Wars used to be very lenient but Disney bought that too, also Marvel comics, so I assume that those are verboten now.

In general you'll have more luck calling the business or team directly than you will by emailing them.

 

Just a note:  Sesame Street is not one of them.  Spoke to their copy write attorney 2 years ago. 

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