Copyrights ?!

Business By amberele Updated 13 Nov 2006 , 10:44pm by amberele

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amberele Posted 13 Nov 2006 , 5:09pm
post #1 of 8

I am new to the cake hobby, and thinking of starting an in-home business (as soon as I make sense of all of the rules!) So.. I have a couple questions! Some of my cakes that I have made already were character cakes for my kids, I have been using those pictures as examples of things I can do.

Can I sell Character cakes? or does this get me in trouble? Thanks!

my other question is... I can make cakes for no profit, just to get business going right? I do have my food handler's card.

7 replies
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lapazlady Posted 13 Nov 2006 , 5:19pm
post #2 of 8

You might take a look in the business forum, there might be answers to your questions there. If not, someone will be happy to help you. I know copyright has been discussed a lot. I don't sell my cakes so it hasn't been an issue for me so I haven't paid any attention to the answers posted. Good luck with the new business.

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Kayakado Posted 13 Nov 2006 , 5:23pm
post #3 of 8

Wilton say this about their licensed character pans:
"Licensed products are for domestic use only." I believe they mean "home use" when they say Domestic, not like Domestic vs foreign policy. icon_biggrin.gif

Technically and legally, you can't sell anything that is copyrighted without getting a release and in most cases paying a royalty. Sometimes you can find small print that says you can sell 3 or 4 a year without breaking the law, but these are few and far between. Many people do get away with it. You see these folks selling at church bazaars items that feature copyrighted fabric designs - they are doing so illegally. You can use these copyright designs for yourself but the minute you take money for a product using them, you are infringing.

Some design books that are sold for artists are copyright free. Designs that are over 75 years old, or your can find published and not copyrighted are available for free use.

How do I know this...I used to do design work for a large company that made collector plates and collectibles. However, it was awhile ago and some copyright laws have become more stringent, they closed up many of the loopholes.

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aobodessa Posted 13 Nov 2006 , 5:32pm
post #4 of 8
Quote:
Originally Posted by Kayakado

. . . Some design books that are sold for artists are copyright free. Designs that are over 75 years old, or your can find published and not copyrighted are available for free use. . .




It's the same in music; you can't sing something from a copied source without first paying for the sheet music. However, the copyright laws vary from country to country ... in the UK, as we discovered, it's a much longer time before the music goes into the "public domain" and can be used by anyone! So I would have to believe that it is the same with other copyrighted items (images, likenesses, etc.). Your best bet is to contact the company of a design you might wish to copy and advise you'd like to use their image to have it replicated in an edible medium and how can they help you accomplish this? If you get a lot of "non-English" (i.e., lawyer-speak), you might wish to retain the services of a Copyright or Patent Attorney, who can be of much assistance.

Good Luck!

Odessa

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SweetConfectionsChef Posted 13 Nov 2006 , 8:27pm
post #5 of 8

You can not sell character cakes. If you look at the label on the character pans they tell you "for domestic use only".

As for baking out of your home...it just depends where you live. Contact your county Health Department and they can give you all of the info you need including answering questions.

Good luck!

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RisqueBusiness Posted 13 Nov 2006 , 8:32pm
post #6 of 8
Quote:
Originally Posted by amberele

I am new to the cake hobby, and thinking of starting an in-home business (as soon as I make sense of all of the rules!) So.. I have a couple questions! Some of my cakes that I have made already were character cakes for my kids, I have been using those pictures as examples of things I can do.

Can I sell Character cakes? or does this get me in trouble? Thanks!

my other question is... I can make cakes for no profit, just to get business going right? I do have my food handler's card.




I wouldn't even bother showing those cakes since you can't use them. Why don't you bake some small sample cakes..like..4 or 6 inches, decorate them..take pictures of them..and you can bring them to places that you would like to get orders from, if that is possible with a food handlers card.

if not..you can give them to friends and family and have some great pictures!

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CakemanOH Posted 13 Nov 2006 , 8:38pm
post #7 of 8

The only way you can sell a character cake is purchasing the dolls or toys either from a cake store or toy store. Then it is legal because you are purchasing the items and paying for them.

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amberele Posted 13 Nov 2006 , 10:44pm
post #8 of 8

Thanks for all of the help! I thought not, but was hoping a little... icon_rolleyes.gif

Another good point about not even showing them, that saves some trouble if they ask about it! Mini-cakes are a good idea too.. thanks!

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