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copyright..so confused? - Page 2

post #16 of 34
1/8/06 at 7:28am
Quote:
Originally Posted by MelC

Nope...we all have 0 right to reproduce for sale the copyrighted images in any way. Period.

The only character cakes I will make are for family if I'm not charging them. If I get a customer who wants characters, either I turn them down, or I will make acake for the characters to sit on, but they buy the figures & place them on themselves. (i.e I once did a Pokemon cake... all I made was the field, the custome added the plastic figures.)



That is a great idea!
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post #17 of 34
1/8/06 at 7:30am
How much exactly does it cost to get rights?
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post #18 of 34
1/8/06 at 7:45am
Thanks for the info just this week I had someone wanting a character cake. good thing I said no. I hate making so many stars.
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post #19 of 34
1/8/06 at 1:59pm
Quote:
Originally Posted by PeachesMcGee

I have a crazy thought....dont know if it is legal honestly, but it is a thought. If you put on your receipt in small print that you are selling them the ingredients, but as far as the decorating you are giving that to them for free, would that work for those of you who want to sell the character cakes? After all, it is the decoration is what is copywritten. But I would run it by a lawyer first!



You are still getting paid to reproduce a copywrited image, no matter how you word it. Which is a no no.
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post #20 of 34
1/8/06 at 2:15pm
@loriemoms: the point is not only the costs, because the companies will decide if you are "worth" to get the licence. But I think the costs will be really high, as I know that the licence for 30sec. mp3 music on you website will be around 1000$ a year ...
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Best wishes Tuggy

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post #21 of 34
1/8/06 at 10:13pm
melissaanne,
I've seen bakeries in Western Australia that sell character cakes:

http://www.cupidsdelight.com.au/shopping/category18_2.htm

Scroll down the page to the disney princess cake. She even shows the pan! She also does winnie the pooh, spiderman etc......I wonder if she knows that it's illegal......or if she thinks that she won't get caught!
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post #22 of 34
1/19/06 at 8:42pm
How about this: most major grocery chains have their own bakery on site and they sell character cakes. How come they didn't get sued for that???? I'm so confused....
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post #23 of 34
1/19/06 at 11:17pm
Major stores can affort to pay for the right to reproduce the licensed items. The only thing you can legally sell would be the plastic items you add to a cake. If you copy the character, you break the law.
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post #24 of 34
1/20/06 at 4:44am
The grocery stores around here only sell character cakes with plastic toys on them, they do not reproduce the character in any way. Dairy Queen does draw characters on their cakes. I often see tweety bird and bugs bunny drawn on their cakes when I go in there and I wondered why they get away with that, but I had a customer call me wanting a spiderman cake that Dairy Queen wouldn't do because of copyright so apparently they pay for the liscense for Disney characters but that's all they can legally do.
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post #25 of 34
1/20/06 at 5:46am
What about Food Network's Elvis Challenge Cake? They are showing his trademark on television, plus give prize money to the winner? Don't they have to get a special permission for that?
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post #26 of 34
1/20/06 at 6:28am
Okay Im seeing two answers here for the same question. Can you or cant you legally sell a cake that has plastic figures of the character on the cake? Ive always been told you can.
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post #27 of 34
1/20/06 at 6:44am
Yes, you can sell a cake that has plastic character toys on it. You can go to Walmart and buy a batman or whatever and put it on your cake for sale or you can buy the cake topper kits and resell those. Whomever manufactured these characters has the liscense to do so and if you purchase it then the copyright owner has made their cut. The item is yours and you can resell it if you want to.

The reason that just anyone can't buy cake toppers from some suppliers is that they only sell to liscensed bakers that collect sales tax. Wholesalers do not charge sales tax because bakeries make the final product and the sales tax is collected at that time. Otherwise some items would be taxed twice, but if they sold to people that do not collect sales tax then the items would never be taxed and the government wouldn't be getting any money at all and that is just not going to work for them! Ya know! icon_smile.gif
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post #28 of 34
1/20/06 at 11:53am
To Surfergina-

The Food network competition is not selling the item. You can USE the copywrited images, but you cannot sell a cake with them reproduced.

I can use Mickey Mouse on a cake for my nephew, but I cannot SELL one to anyone, or use it for advertising or display.
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post #29 of 34
1/20/06 at 12:04pm
I can't believe after 2 1/2 weeks of 'discussion" and numerous threads about this subject, people are still trying to figure out how to get around the system. Food Network has grown since they first appeared in the early 90's, They're owned by a big company, a company that has lots and lots of money. I'm betting that because they want to continue on as a company (Scripps), that not only did they talk to the right people about licensing the Elvis name, likeness, trademark etc., but they went over many more legal points, before going through with the idea.

Even in competitions on cable networks, you can't just use the name and likeness, whether you sell it or not.

All the, well how abouts, etc. come on now. The answer is no. NO! It won't change, just because of a what if I try another way...
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hahaha, whatever.
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post #30 of 34
1/20/06 at 12:06pm
Amen, Cakeman66!
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