Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › Copyrights on a cake design?
New Posts  All Forums:Forum Nav:

Copyrights on a cake design? - Page 9

post #121 of 150
That sucks! I've done my share of grabbing ideas from somebody else. In fact if i come up with an idea that someone else like and wants to recreate I would find that so flattering.
post #122 of 150
Thread Starter 
Quote:
Originally Posted by Eggshells

ah, just take a little buttercream and pipe them on..heheheee



ah, true....good idea! duh, y didn't i think of that?! icon_lol.gif
post #123 of 150
Hi all. Just wanted to make the issue just a little bit clearer for anyone that is confused about copyrights. Because I write poems and have done research a long time ago, I know just a tad bit about copyrights.

Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.

The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.

And yes, you can search a database of patents, trademarks etc. This is the best site to go to for information concerning copyrights, trademarks, servicemarks and patents.http://www.uspto.gov/web/offices/pac/doc/general/index.html#ptsc
People do tend to use the word copyright loosely as a scare tactic. Education is the key. If you stole her pic from her site and put it on yours, then I would be alarmed. Other than that, there's no patent on the cheeseburger cupcake icon_lol.gif
Realize your journey
Reply
Realize your journey
Reply
post #124 of 150
those are great burger cakes. icon_smile.gif
Ya Wanna COOKIE!!?!
Reply
Ya Wanna COOKIE!!?!
Reply
post #125 of 150
not sure if I should post in this thread or make a new one, but I had a similar question about whimsy cakes.

http://www.pollyscakes.com/2004/home.cfm This business claims to own copyright on all whimsy cakes, but I see them all over the place? I find it hard to believe every uneven tiered cake with a wacky design i have seen was created with her permission.

Here is what it states on the website:

* The Whimsy Cakes name and Whimsy cake designs are legally protected by registered trademark ® as three-dimensional sculpture. Click here to learn more about your legal obligations under trademark law. See very bottom of page.

All cake designs are protected by copyright, and may not be reproduced without express permission of Polly's Cakes. Please protect artisans and uphold the law . . . buy the original.

I'm not so much worried about the name as I am about the designs...if I hadnt stumbled on this site I would have never thought to ask someone permission.

Can anyone clear this up?
post #126 of 150
Does that mean the name Whimsey can't be used as a description on another cake and the design part, does that mean you can't copy a particular design????
The shape of the cake can still be called whimsicle???? and the design can be whatever as long as it is nothing like polly's?????
Opinions are like a***holes. Everyone has one, so if you stick it out there it's going to get kicked.
Reply
Opinions are like a***holes. Everyone has one, so if you stick it out there it's going to get kicked.
Reply
post #127 of 150
I remember reading this on her site several years ago and thinking the same thing! I wish we had an expert on trademark/copyright to clear all these issues up for us!
Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
Reply
Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
Reply
post #128 of 150
Quote:
Originally Posted by AshleyLuvsCake

not sure if I should post in this thread or make a new one, but I had a similar question about whimsy cakes.

http://www.pollyscakes.com/2004/home.cfm This business claims to own copyright on all whimsy cakes, but I see them all over the place? I find it hard to believe every uneven tiered cake with a wacky design i have seen was created with her permission.

Here is what it states on the website:

* The Whimsy Cakes name and Whimsy cake designs are legally protected by registered trademark ® as three-dimensional sculpture. Click here to learn more about your legal obligations under trademark law. See very bottom of page.

All cake designs are protected by copyright, and may not be reproduced without express permission of Polly's Cakes. Please protect artisans and uphold the law . . . buy the original.

I'm not so much worried about the name as I am about the designs...if I hadnt stumbled on this site I would have never thought to ask someone permission.

Can anyone clear this up?



I wonder what Colette Peters would have to say about that? Or Duff Goldman? Or any of a dozen other well-known, successful, high-profile cake decorators? Something to think about, isn't it? icon_confused.gif
Anna (105 lbs lost since June 1, 2009)
Reply
Anna (105 lbs lost since June 1, 2009)
Reply
post #129 of 150
"polly" said (on her website) she was the "origniator" of whimsy cake in mid 90's, but i could have sworn i read that colette peters was the first to do a crooked cake back in the late 80's. anyone remember?
"Don't let the hand you hold, hold you down"
-anonymous


www.sweetwaterbakehouse.com
Reply
"Don't let the hand you hold, hold you down"
-anonymous


www.sweetwaterbakehouse.com
Reply
post #130 of 150
Quote:
Originally Posted by SugarFrosted

Quote:
Originally Posted by AshleyLuvsCake

not sure if I should post in this thread or make a new one, but I had a similar question about whimsy cakes.

http://www.pollyscakes.com/2004/home.cfm This business claims to own copyright on all whimsy cakes, but I see them all over the place? I find it hard to believe every uneven tiered cake with a wacky design i have seen was created with her permission.

Here is what it states on the website:

* The Whimsy Cakes name and Whimsy cake designs are legally protected by registered trademark ® as three-dimensional sculpture. Click here to learn more about your legal obligations under trademark law. See very bottom of page.

All cake designs are protected by copyright, and may not be reproduced without express permission of Polly's Cakes. Please protect artisans and uphold the law . . . buy the original.

I'm not so much worried about the name as I am about the designs...if I hadnt stumbled on this site I would have never thought to ask someone permission.

Can anyone clear this up?



I wonder what would have to say about that? Or Duff Goldman? Or any of a dozen other well-known, successful, high-profile cake decorators? Something to think about, isn't it? icon_confused.gif



I thought the same thing!! I have even seen many whimsical-type cakes in major magazines that did not come from them. I would assume that if it was under copyright and they had obtained permission it would have read "Cake by ______ with permission from __________."
Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
Reply
Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
Reply
post #131 of 150
So how's that tutorial coming along??? I'm dying to check it out!!! Poor me, I'm such a visual person.
Our happiness in life is determined more by our disposition than by our circumstance.
Reply
Our happiness in life is determined more by our disposition than by our circumstance.
Reply
post #132 of 150
Thread Starter 
Quote:
Originally Posted by SugarFrosted

I wonder what would have to say about that? Or Duff Goldman? Or any of a dozen other well-known, successful, high-profile cake decorators? Something to think about, isn't it? icon_confused.gif



that's what i was thinking too....can't imagine that everyone that makes this style cake would b required to run it by polly first icon_confused.gif this darn copyright stuff! icon_rolleyes.gif
post #133 of 150
Thread Starter 
Quote:
Originally Posted by TanuvasaMama

So how's that tutorial coming along??? I'm dying to check it out!!! Poor me, I'm such a visual person.



actually, i just made 45 of the buger cupcakes last week for my girls' last day at daycare and i took a bunch of pics of the process....i haven't had the time since to sit down and type up the tutorial to submit to J&H, but i promise to try and fit it in this week! thumbs_up.gif
post #134 of 150
Quote:
Originally Posted by SugarFrosted

Quote:
Originally Posted by AshleyLuvsCake

not sure if I should post in this thread or make a new one, but I had a similar question about whimsy cakes.

http://www.pollyscakes.com/2004/home.cfm This business claims to own copyright on all whimsy cakes, but I see them all over the place? I find it hard to believe every uneven tiered cake with a wacky design i have seen was created with her permission.

Here is what it states on the website:

* The Whimsy Cakes name and Whimsy cake designs are legally protected by registered trademark ® as three-dimensional sculpture. Click here to learn more about your legal obligations under trademark law. See very bottom of page.

All cake designs are protected by copyright, and may not be reproduced without express permission of Polly's Cakes. Please protect artisans and uphold the law . . . buy the original.

I'm not so much worried about the name as I am about the designs...if I hadnt stumbled on this site I would have never thought to ask someone permission.

Can anyone clear this up?



I wonder what would have to say about that? Or Duff Goldman? Or any of a dozen other well-known, successful, high-profile cake decorators? Something to think about, isn't it? icon_confused.gif




That was exactly my thoughts! How come I have never heard of this woman when whimsy cakes are everywhere. Wouldnt she be more well known?
post #135 of 150
EEEEEEEEE this thread is making my skin crawl! For the record, I am an attorney, I'm currently not practicing but I focused on IP issues. And so many of you are giving such incredibly bad, incredibly wrong information! Not maliciously, I know, but from a very imperfect understanding of copyright law.

If all of you take away only one thing from this post, let this be it:

You do not need to register a copyright with the US copyright office! You own the copyright from the MOMENT OF CREATION. For example, I now own the copyright on that previous sentence from the moment I wrote it. Now, to *enforce* your copyright, it's helpful to register your copyright with the US copyright and trademark office. But it is not required!! Just becasue you can search and not find something on that website does NOT mean that someone else doesn't own the copyright!!! Whomever created a particular design first owns the copyright, not whomever recorded it first. This is not a race-to-record statute.

A copyright covers the expression, not the idea. Is this chick the first one ever to create a hamburger cupcake like that? No way. We can find plenty of earlier instances (many cited here) and so she definitely doesn't own the copyright. She knows enough about copyright law to be dangerous and annoying, but she doesn't understand the nuances. She might make a stink, but she doesn't have a legal basis to stand on.
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Cake Decorating Business
Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › Copyrights on a cake design?