Copyright Questioning On These Cake Stamps.
Business By JaeRodriguez Updated 18 Sep 2015 , 4:45pm by Jeff_Arnett
AThe maker of the stamps would have had to enter into a licensing agreement with the owner of the trademark, which authorized them to reproduce the trademark for equipment to be used in the commercial production of cakes. Wilton has an agreement that allows them to use certain copyrighted characters on equipment intended for home use, but not commercial use. DecoPac has an agreement that allows them to produce products that can be used commercially.
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Original message sent by JaeRodriguez
So Jason, my original question was IF the seller of the stamps did indeed have permission to sell them, could the stamps then be used on a cake by a bakery and that cake sold legally?
The photo was taken down, but if the stamps are of a trademarked logo and the stamps are licensed by the owner of the logo then you would be able to use them legally only to the extent provided by the license on the product. Generally these types of products say "home use only" if they depict trademarked or copyrighted material.
Thanks Kiki and Jason, I knew about Wilton and DecoPac and the stipulations of using them.
I was just curious as these stamps were different than anything I had seen before, and well... because the bakery that posted them was so well known- (like I said, I was naively assuming) I thought that a bakery with such a big following would have made sure it was legal before posting! That's what made me wonder if perhaps these were somehow legal to use!
AHigh horses as far as the eye can see... :roll:
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Maybenot!!!! YOu really need to zip your mouth up and go to bed! Really, I might infringe the law but you are showing poor character and sooo unkind heart by bashing others the way you are doing it! That's a shame and something not to be proud of! And I'm leaving this thread as it is not of my interest anymore.
Why would I go to bed at 5:48pm EDST? The evening is young and the new "NCIS" is on later.
Sorry that my "sticks & stones" rubbed you & Hello Kitty the wrong way. But don't you feel much better admitting in a public forum that you "infringe the law"?
I didn't bash anyone. I gave the EnglishCakeLady several very good, socially acceptable responses to her dilemma. Much better than the hard cheese response she gave us, I think.
And, I do have the right to be proud that I DON'T infringe. I taught my kids a long time ago that the most stupid thing they could ever tell me was that they chose to do something wrong because "everybody else was doing it".
No is a word in my vocabulary and I'm not afraid to use it.
I don't do copyrighted images, but that's my personal choice. However, this brings up something I've wondered about for a long time - how/why does Cake Central allow its members to post photos of cakes using copyrighted characters without verifying they have permission to make them? CC has even shown the "best of Disney" cakes, etc. Doesn't that encourage the illegal use of these characters?
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Original message sent by cakefan92
I don't do copyrighted images, but that's my personal choice. However, this brings up something I've wondered about for a long time - how/why does Cake Central allow its members to post photos of cakes using copyrighted characters without verifying they have permission to make them? CC has even shown the "best of Disney" cakes, etc. Doesn't that encourage the illegal use of these characters?
Yes, but it also earns CC more money through ad impressions.
There are technical reasons that make it difficult to automatically determine what is infringing and what is not (not to mention verifying permission) so it's somewhat understandable in the user-populated image galleries, but the contests and articles written by CC staff that either infringe themselves or promote infringement are risky from a legal perspective.
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Original message sent by teaparty
It's always interesting to see those throwing stones and then look at their photosets or in some instances their lack of photosets.
You forgot to remove the link to your FB page (featuring many infringing cakes) before posting this comment.
And did you happen to read through my Facebook page to the part about copyright laws??? I wrote about it...saying it was illegal. Those cakes were made for friends.
And I am a "hobbyist," meaning this is not my full time job and I do it for fun, but I get paid for most of my cakes because I have legalized my ktichen.
And I don't care if some of you consider my cakes less than outstanding, people in my demographic like them and each one I do gets better.
In fact, I think I will re-post on my Facebook page about character cakes, because it's important.
AJason, should you really be waggling your finger at others considering the number of infringing cakes you have done? :-t
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Original message sent by BrandisBaked
Jason, should you really be waggling your finger at others considering that number of infringing cakes you have done?
Yes. And please go back to blocking me, my CC experience was much better while that lasted. :D
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Original message sent by -K8memphis
yes, and what outstanding work!
and it says she's a hobbyist
I agree that she does outstanding work, but infringement is infringement regardless of whether or not you sell cakes.
Normally I wouldn't mention it, but the comment I was replying to made it apropos.
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Original message sent by jason_kraft
You forgot to remove the link to your FB page (featuring many infringing cakes) before posting this comment.
Your assuming that I charged for those cakes and I didn't forget.
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Original message sent by jason_kraft
Yes. And please go back to blocking me, my CC experience was much better while that lasted. :D
I have never [U]unblocked[/U] you. I saw your comment because someone else quoted it. I did unblock this post because I figured you would respond.
Your rude comments are totally uncalled for.
jason, yes i see your point--however in my opinion i believe that fair use and parody applies because the copyrighted item is produced in order to be eaten--it does not become a movie or a stuffed animal or a t-shirt that lives on making money--yes the pictures of the food survive but to me that's not an infringement--that's fair use--that's joey and suzie's birthday party food that aunt louise made--that doesn't exist anymore--that the photo is not being used to generate business. it's a memento of the occasion--
that is my opinion--and i understand yours--
-done ;)
https://cakedecorpros.com/4-tea-party-cakes
Hobbyist that doesn't get paid........yeah, right.
And I advertise to my "relatives", too...................
AAside from the morality of knowingly breaking the law and flaunting it, it's a poor business decision to post links to the maker of these products and say you don't care about laws. As the owner of a Facebook page with close to 70,000 likes, englishcakelady/Royal Bakery should be getting paid to promote products (if you're not already doing that you are really missing out on a great opportunity), but legitimate businesses aren't going to want to be associated with someone who promotes items like these or makes statements like the one you made today.
I am confused as to why some of you feel the need to advise Royal Bakery on how to run her business. Clearly, she is doing well for herself. Shouldn't she be able to make her own decisions and reap the benefits/consequences of those decisions? The fact of the matter is, this debate is silly. Some bakers choose not to make character cakes for profit, some choose to make them for family only, and some choose to make them when they want. Who cares? Your life is not affected by other's decisions. What I will say is, Lesley from Royal Bakery would NEVER talk this way in an open forum about someone. If she had a problem, she would address it head on. Being on a computer, protected by a screen of anonymity does not make you brave. Post your opinions on your page, and let others do the same. It's being unsupportive and rude to other bakers that give bakers a bad name.
AAmazed at how a girl's seemingly simple question turned into others attacking each other.
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Original message sent by -K8memphis
jason, yes i see your point--however in my opinion i believe that fair use and parody applies because the copyrighted item is produced in order to be eaten--it does not become a movie or a stuffed animal or a t-shirt that lives on making money--yes the pictures of the food survive but to me that's not an infringement--that's fair use
Unfortunately US copyright law does not share your opinion, see below.
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Unfortunately US copyright law does not share your opinion, see below.
http://www.law.cornell.edu/uscode/text/17/107
no thank you
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Original message sent by Cuteologycakes
The fact of the matter is, this debate is silly. Some bakers choose not to make character cakes for profit, some choose to make them for family only, and some choose to make them when they want. Who cares? Your life is not affected by other's decisions.
The fact of the matter is that many people are unaware of copyright law and how it impacts cake decorating. Every time a thread like this is brought up, more people are made aware of this issue. That's why I participate in these threads, to help spread this knowledge and counter potential misinformation.
If this thread has been deleted, how come I can still see it?
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