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Copyrights on a cake design? - Page 2

post #16 of 150
I would not be too concerned. I think you did great about asking for the copyright number, then you would remove your design from your website.

Every one copies ideas, unless it is trademarked or has a copyright. If you are truly concerned, contact a lawer which specializes in Copyrights and/or Trademarks.
post #17 of 150
I just did a quick search in the galleries and there are 6 cheeseburger cupcakes - all of which have fondant cheese! Not original at all.
"A balanced diet is cake in each hand!"
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"A balanced diet is cake in each hand!"
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post #18 of 150
You do not need a lawyer she doesn't have a leg to stand on.

Here's a good example:

Another example, suppose you had an idea for a movie about an African prince who comes to the U.S. to find a bride, and you wrote it into a story outline. The written story would qualify for copyright protection. However, under copyright, there is nothing to prevent another author from using that same idea to do his or her own movie script. To protect your "idea" you could insist upon entering into a confidentiality agreement before disclosing the idea to anyone, thus protecting your idea as a "trade secret".

This very thing happened to Art Buchwald, the humorist. Buchwald presented his story outline about an African prince to a movie studio. Then the studio ripped it off and produced "Coming to America" with Eddie Murphy. Buchwald sued the studio for breach of its agreement with him. The court found that Buchwalds idea was protected through the confidentiality agreement he was smart enough to insist on before disclosing the idea to the studio. If it can happen to someone famous, it can also happen to you.
post #19 of 150
I asked that very question to the copyright office in March of this year. This is the reply I received.
Sharon

There would have to be original 2- or 3-dimensional artistic elements in order for the cake design to be registerable. If there is an original 2-dimensional pictorial work applied to the cake, or if the cake has a unique shape that has original sculptural elements, the "work" may be eligible for protection.

Please see http://www.copyright.gov/fls/fl103.html for further information.
post #20 of 150
I had to laugh out loud at this one. I've been doing cheeseburger cakes before I ever had an internet connection. It was something I thought would be cute for my DH's 10th b'day and since then I've made a bunch of them.. complete with peanut butter fudge french fries!!

No, she can NOT copywrite that. It is not a unique or orginal "idea" It doesn't take much to come up with using yellow fondant for cheese. Please!! She needs to unbunch her panites and learn to choose her battles more carefully! icon_rolleyes.gif
When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, "I used everything you gave me". Erma Bombeck
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When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, "I used everything you gave me". Erma Bombeck
~~~
If God is for us, who can be against us?
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post #21 of 150
Thread Starter 
Quote:
Originally Posted by tiptop57

Ohhhhhhh Noooooooo
My first post is wrong.....if she can prove hers was published first and if she can prove she filed a copyright she is in the right regardless if you came to the same design independently.

The courts apply three basic criteria to determine the existence of an "original work."

1. Originality: The work must be independently created by the author, but it need not be novel.

2. Creativity: The work must possess a minimal degree of creativity.

3. Fixation in a tangible medium: This refers to the actual expression of an idea, rather than the idea itself. This occurs when the work appears, by or under the authority of the author, in a sufficiently permanent state to permit it to be perceived, reproduced, or otherwise communicated to others.

I would contact a lawyer immediately.



wow, what research! thx again! thumbs_up.gif
post #22 of 150
Thread Starter 
kansaslaura - peanut butter fudge french fries?! mmmmmmmmm, what a great idea! don't sue me if i use it, okay? icon_lol.gif
post #23 of 150
Yes, most definitely ask for copyright information. That's funny - Whoopie pies have been getting made for over 100 years, so now they think they invented something because they painted it a different color? So now, this person wants to take you on because they came up with a glorified whoopie pie?

And on top of that, there are so very many cheeseburger cakes around, that they would have to sue all of us!

PM the web address of these people to me. I want to see theirs.

Theresa icon_smile.gif
post #24 of 150
I had a cheeseburger cake from Publix bakery about 8 or so years ago wonder if they copied from this lady too??
post #25 of 150
This is crazy!!!

I think the first cheeseburger cake I did with fondant cheese was in 2001 or 2002 and have the pictures to prove it. The directions used to be on Earlene Moore's site and probably still are -- they have been on there for years!!! I'm sure they were there long before this chick posted them to her website!!

I could understand if this were some revolutionary cupcake or cake that had never been seen, but cheeseburgers!!!!
Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
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Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
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post #26 of 150
I agree with most everyone here. She is totally in the wrong. Email her a list of all of the cheeseburger cupcake sites you find through google and explain to her that you've never even SEEN hers before. Thank her for admiring your work and tell her you're quite proud of yours and are glad people are noticing them. But ask her to refrain from sending you inane emails that have more holes in them than a sponge cake.
post #27 of 150
Something I did learn this week, which I will share with all of you. All materials that are copyrighted in the US are cataloged in the Library of Congress. Therefore, if the item is truly copyrighted, you would be able to go to the LOC and look at it. To claim a copyright that does not exist is punishable for misrepresentation under federal law.

Theresa icon_smile.gif
post #28 of 150
ok, if this IS indeed a case of copyright infringement (which, arguably, it sounds like it is NOT), then why would this woman not have had her lawyer contact you in a "formal cease and desist order" context? That's how these things are done in the "real" world...not in a "Hey! You stole my idea! Stop it!" manner.

Sounds not entirely on the up-and-up to me...GEEEEEZ, the nerve of some people!
Our perfect companions never have fewer than four feet. - Colette
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Our perfect companions never have fewer than four feet. - Colette
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post #29 of 150
Not sure if all copyrights are searchable but you can do a search on this website if she provides you more information:

http://www.copyright.gov/records/

But of course she would have responded if she did.
post #30 of 150
I have an old Betty Crocker cookbook for Kids from 1979! My mom got it for me and I loved it- I still treasure it as a special momento. Well, in that book is a recipe for a Cheeseburger Cake and a picture of the finished product! Trust me! Cheeseburger cupcakes and Cheeseburger cakes are not unique designs! I think that lady is nuts!

By the way- those cupcakes are sooooo cute- I love them!
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