So a lot of us know that copyright infringement is a thing. A lot of us won't touch those cakes. So my question is, what do you do when you see other bakeries or home bakers breaking this rule all the time? Talking to them never goes over well. No one wants to hear it, or goes on to do it anyways. However, these are about the only cakes that go on in my town, and about the only cakes that get requested. I am losing SO MUCH business because of this. I'm about ready to start reporting the bakeries, whether a commercial baker or a home baker, to try and make it stop, but at the same time, I really don't want to ruin anyone else over being fed up with it!
I feel like it's a tough situation! What do you guys do? I usually don't say anything now, as I've taken the approach of 'it doesn't affect me what someone else does', but actually, it is. Feeling pretty torn! Should I just let it be and suck it up so that I don't possibly ruin someone else's life, or is this a big enough deal that it should be reported?
Also, to add, although I have done some fun cakes like this, I do not post them on my business page. They've all been birthday cakes for family, but I know that there is kind of a thin line there.
i would turn someone in for child or elder or spouse abuse but not for copyright infringement -- that's just me -- with the baking industry being what it is -- if you do turn them in and they get whamo-d -- five more decorators will pop up -- it's like whack-a-mole -- whistle blowing is a tricky thing -- this would not be a hill worth fighting on for me --
Do what you believe is the right thing to do. Period.
Yes, it's frustrating to see and you won't get big results for doing the right thing, but you never know. I've reported people for infringement and for using inedible products on food. I've had positive results in both instances. In 2 cases, the bakers took to social media to whine about being reported, but they stopped. That was good enough for me.
I agree. It’s here in my part of Canada too. See these cakes all over my cakey FB pages. These are private, invite only, FB groups. I agree that if a decorator has been mildly reprimanded in these groups for doing copyright cakes, it has not gone well. Lot of hostility towards the decorator who points the finger. As K8memphis posted, you’re not personally harming anyone. I’ve never bothered to say anything. I have a good professional cake decorating friend who absolutely won’t touch these cakes, and tells customers so. Another pro cake decorator friend will do them, only if customer signs an agreement not to post a picture of the cake on any social media. Her take is if you can’t see the image, no biggie. My Mom use to say to me all the time...”If you can live with the consequences of your actions, go ahead and do it”. Made me think a lot about my actions. In this case, as a decorator, if you choose to take the risk, just be aware there might be consequences. You could possibly just get a legal letter from Disney, or some other corporation. I’ve known a couple of decorators who got cease and desist letters about doing copy righted images/ figures etc on cakes. Warnings. They were never actually prosecuted, just threatened they would be prosecuted if they continued. I don’t actually know if a cake decorator has been successfully prosecuted for licence infringement. It is so widespread, over all the world. Would take a massive army of lawyers constantly trolling social media to find the infringements. And I can’t imagine the expense of taking a individual cake decorator to court?
there have definitely been people successfully prosecuted -- it ruined them
yeah -- pretty sad really -- those characters belong to all of us -- i have done designer purse logos -- shamey shamey shame shame on me -- and i mean in the 80's & 90's i did the mickey mouses's & ninja turtles like everybody else too -- but not now
Yes, it really is sad. These corporations, like Disney, make BAZILLIONS!!! Some poor little crafter or cake decorator makes a small amount on a Frozen/Mickey/....whatever themed item/cake. It’s peanuts in profit. I can understand a company mass producing there images without consent. Since I don’t sell my cakes, it’s Ok to use proprietary images. They still sell image cake pans, Disney, Universal , etc. You can make a cake with them, but you cannot sell them. That’s the crux of it. No $$$ going into other peoples pockets but there’s.
For one Erlene Moore got told to take down her pic of a tabasco cake she made. Don't think anything more transpired once she removed the offending picture. That's the only one I can remember right now but have h eard of many otheers. There was an article corculating the internet a few yrs back about a court case and the basic outcome was something like: "If anyone in the court room can identify who is depicted on the cake it is copyright infringement". As for turning them it? As Jchuck said, don't expect much results but some of the bigger companies like Disney will go after them.
Personally, I would not turn them in, just because I don't have it in me to hurt another person. I've made a few Disney and famous character cakes, but they have all been for my family or for Icing Smiles, never for money.
It is my understanding that it is legal to use plastic toys, like Mickey Mouse, that you've purchased. I would not swear to it, just what I have read.
Yes, you can use plastic toys Sandra. Whatever store is selling the toys has already covered the copyright situation. I don’t think there enough lawyers to cover the plethora of character cakes that are produced worldwide. Honestly, there must be 1000’s that have been done. Geez, just in Frozen themed cakes alone...Corporations should take a cue from Elsa...”Let it Go”... ( Couldn’t resist that one )
I would definitely have to agree that it is pretty dumb that they make so much money on it, but other people can’t do it. Especially because a lot of us are actually making that much. But it is still the law. I probably won’t do anything about it, I think I just needed to vent a little bit and came here to see what other people did.
It just gets really frustrating when nearly all of the orders I get our people wanting these character cakes, and I have to keep turning them down, and then the very next day, I see these other bakeries have done a character cake.
The only character cakes I have done or for family and Icing Smiles, as well.
Well KitchenSix the only way around it is to make the character cakes, but DON’T post the cake on any of your social media. Especially your business page. But then, you lose exposure. And if family posts a picture, they can’t credit the decorator. Tough spot.
I personally don't think you should turn them in. If a large corp. does decide to go after one of the rival bakeries, there is the possibility that you would be called on to testify and you could stand to LOSE a lot of business if word gets around that you took down (or tried to take down) x persons favorite cake decorator.
Could you incorporate purchased plastic figurines to make these character cakes? Or are they asking for specific cakes that wont allow this?
i would offer to do a do-it-yourself type cake -- where you would provide a winter scene for frozen -- a city skyline for batman -- i don't know all the ones popular now -- sponge bob square pants an appropriate underwater scene or wherever he lives idk -- let them buy the toy and do their part and you provide a nice cake -- that's as close as i would get nowadays myself --
because that extra shopping is a pia -- keep with the cake part kwim
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