How Do You All Handle This?? (Long)
Business By kidscakelady Updated 7 Feb 2007 , 7:51pm by kidscakelady
I am in the process of getting my business going -Just still have to come up with the name. I've seen some threads here on the site in the past about copyright infringements with licensed characters. I know that I can not use the Wilton character pans and sell them for a profit from the shop (which is a shame becasue I have a HUGE collection of them) .
Here's the question... what do I do when someone wants a specific character/theme for their child's cake. I was going to focus the business on children's cakes since I enjoy doing them the most but now I am wondering how to handle this. If the person has toys/toppers that they purchase and ask to have put on the cake, is that okay? What about FBCT? ( I would assume that they too would be an infringement)
What does everyone out there do? You must get requests for licensed characters. Is there somewhere to contact to gain permission to use them? Is there a fee? I want to do things the right way and would love to hear how others go about this.
Thanks
The copyright police are onto you! Lol. Relax, there are many things you can do.
You can do the FBCT, with no problems.
The pans - I heard that if you alter the cake a bit - give elmo a yellow nose instead of orange, that its fine. But i am not 100% sure. Honestly though, those rules are for places like Carvel and supermarkets - who might make large profits from the pans. They aren't looking at small one shop operations.
you purchase the cake kits , they are the toys that go on top of the lic cakes.
They come with pics on how to decorate the cakes to place the toys
or if you want to have a more "creative" spin..you can always ask the client to bring the toys or topper in..( make sure you sanitize them..lol) and then decorate the cake with a "theme"..you can see something similar in with my "fairy ring" cake that I did for a client that wanted to use the Tinkerbell fairies theme
I'm pretty sure that you can decorate the background, and put on the store bought toys or toppers. That way, the company still gets their dollar for it. I don't think you can do fbct of the characters either. Good luck! I just don't do licensed characters.
Most of the cakes that I have done in the past are for children (mostly mine) and maybe "a few" for others friends/friends of friends, you know what I mean, I just want to be sure that I can still continue to do the kids cakes once the business is up and running officially.
Still would like to hear thoughts about FBCT- I fugured the toy things would be okay but not everyone likes the toys on cakes and would rather see it all frosting.
FBCT of copywritten characters are a no-no if you're going to sell the cake.
I think there's a place called cakedeco or something - if you are a licensed business, you can order cake kits from them - they're pretty specific on how the cake has to be decorated though. You can always have people bring in toys. That's not a problem. Or tell them you'll do the theme and have them place the toys themselves. As far as FBCT or wafer paper or edible images - you're really not supposed to do that. It's a funny thing - if you're small enough, they're probably not going to go after you..... if you're making 50 cakes every month with the same licensed character on them and you're not paying licensing fees - then it would definitely be a problem. One cake here and there doesn't seem like a big deal to me - I wouldn't advertise it though - like don't put a pic. on your website w/ licensed characters. I'm not 100% sure on the rules though. You may want to contact a copyright layer or something or see what you can Google. Good luck!
if you are licensed you can go to decopac.com or bakery craft and get toppers and edible images that are charcters but dont infringe on the law. i know the shaped pans cant be sold for profit.
This is the deal on copyrighted characters: you can NOT reproduce the character in any way (star tip, character pan, fbct, drawing it on the cake, chocolate transfer, ect) but you can use the character already made (edible images, plastic toys, cake kits). A great place to find all of your characters and edible images is www.decopac.com. Once you register to order wholesale you get free shipping on orders over $75 and they have a great selection! I have been ordering my kits and cake drums from them for nearly 2 years. Their wholesale prices are reasonable and they have always been a pleasure to deal with! 
Thanks so much for the info. I'll have to check out decopac.com- never heard of them.
Thanks to all- got to go finish my hula girl cake for my daughter!
you can go here http://cakedeco.com/cgi-bin/webc.cgi/st_main.html as mention early. Great company and service.
bakerycraft sells wholesale kits too...
different ones than decopac if you are wanting a variety.
i ask them lotsa times to bring in a toy...and just do the background.
i do that too...
one time i found a bunch of strawberry shortcake figures on sale for a buck...i bought em all...
the checker looked at me a lil funny....
i go..."i really like strawberry shortcake."
i bought a bunch of stuff online really super cheap...like over a hundred of each....that loty lasted over a year.
You guys, it's the actual copyright image you can not alter or re-create. You can make any cake you want.
what do you guys think of this?
a friend of mine was gonna go to work in the bakery of super target.
this girl is remarkable...she can copy absolutely anything....to a tee.
the bakery manager told her that thier lawyer checked on the copyright laws....and he said that they could legally do a cake if the customer asked for it.
but they couldn't advertise that they do it.
So do you sell the toys and say, "Oh, I think that toy would look good on the cake. . ." or do you just include the toy for free? How do you "get away with it"?
well i paid for the toy...so the company got thier money...i figure since it's mine i can do what i want with it.
if i get a price break on stuff....i usually pass the savings on to the customer...just tack on what i paid for it.
What if we change some detais on the character?
from what i understand if you change something 10% you're ok.
you can not reproduce any copyrighted character, image, logo or anything else that is copyrighted without written permission to do so. that means no fbct, ct, printed items, rice krispie poohs, fondant bratz, gumpaste guccis, wafer paper hallmarks, molded sugar nikes
you can, however, create a cake and use a purchased copyrighted character, whether edible image, or toy to complete the cake. you will have then done your part by making the purchase of copyrighted item.
basic cakes...XXX
custom cakes...(ones with the previously purchased toys, images...whether from the toy dept. or from places like decopac)YYY
carved cakes (like castles, dragons, kittens, puppies...anything other than copyrighted characters or images)...ZZZ
PERIOD!
as far as a customer requesting it and it being allowed that is inaccurate....
a person isn't allowed to duplicate a copyrighted item without permission from copyright owner.
your kids' school picture can't even be duplicated without written permission from the company that took the photograph even though it's your kid!
the person who told your friend that could get himself, your friend and the person making the request, not to mention super target in deep kaka for allowing this.
you can not reproduce any copyrighted character, image, logo or anything else that is copyrighted without written permission to do so. that means no fbct, ct, printed items, rice krispie poohs, fondant bratz, gumpaste guccis, wafer paper hallmarks, molded sugar nikes
you can, however, create a cake and use a purchased copyrighted character, whether edible image, or toy to complete the cake. you will have then done your part by making the purchase of copyrighted item.
basic cakes...XXX
custom cakes...(ones with the previously purchased toys, images...whether from the toy dept. or from places like decopac)YYY
carved cakes (like castles, dragons, kittens, puppies...anything other than copyrighted characters or images)...ZZZ
PERIOD!
This is exactly what I've been saying....but no one is listening! 
Thanks all4cake! I got this information from my deco pac rep so I know it is accurate!
even changing anything on a figure as long as long as you can still tell who or what it is ...is an infringement..
In other words a red Barney is still Barney...a Mickey Mouse in PINK pants is still Mickey!!
and I know exactly how you feel Sweet Conf. Chef!
Some people just don't want to listen and want to do what they want to do. I KNOW the CAKE POLICE is not out there to "catch" each and every little one...but why take those chances.
"the only way you may use a copywritten image is to purchase a cake or deco kit, a LICENSED EDIBLE IMAGE or pay the thousands to get permission/lic. to use that particular image."
The ONLY way you can use something copywritten is if NO MONEY changes hands! even my superbowl cupcakes that I made the chocolate logos for...where donated!!!
Also, coloring books, greeting cards and invites are all copy written. Your customer comes in with their baby shower , baby's birthday or any other invite to put on the cake....NO
if they come with a picture of they hubby, daughter...cat...unless THEY took the picture...NO
you must have a signed RELEASE from the photographer to use their photo.
I know it's NOT what some people want to hear, but those are the facts!
I think it's great because it forces me to be creative when I have to do a "theme" cake.
if you reproduce something on an edible image, there are plenty of ROYALTY FREE sites that you can to go to use pics
how does bakery craft get by with it?
they have all kinds of knock offs in thier catalog.
So from what I gather in this thread is that EVERY Dora, Elmo, Cars, Tinkerbell, Bratz, etc. cake in the gallery is techniqually illegal if the baker sold the cake! There are literally thousands of them. I'm making a Dora cake for a friend in March with the little figurines that I can get at WallyWorld to decorate it with. Is that Okay?? I'm so confused!!
if you use toys that you bought and the customer gives you back the money for it..it's ok to use..I think!! because actually you're just doing the background or "theme" and putting a purchased . lic item that you already paid for item on top
if you SELL a "DORA" cake..then no...you are breaking the "law".
and yes...every dora, tink, cars cake that has been made for money is an infringement...
but..really...if you want to do them I don't think the CAKE POLICE SWAT team is coming to close you down...
Personally, I don't do it, unless it's free and for a close friend...Like my Motley Crue Wet Tshirt..
as soon as I found out about about the copy write law, I was sooooooooooo happy to be able to refuse those little star character cakes!! what a relief for my carpel tunnel..hahaha
but, as all of you..that's how I started! but so glad to have a nice way to say no...
"it's not allowed"..hahahah!
Good luck!
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