The bottom line is not if you make money off a purchase involving a character. The bottom line is live by the sword die by the sword.
If you make your living selling baked goods and use without permission (steal) someone else's property in your line of work, for example baking Mickie cookies for your kid's classroom, then you are passively promoting your business and using that image to do so, which is a copyright infringement.
How about for a family member's birthday party? As we are so wont to say, we hope we get more business at events like this, we are networking so no don't do it if you want to be free and clear
The idea is not to snuggle up to and get as close as possible to what's wrong to do.
The idea is to avoid the heat altogether.
I haven't read every post on here so I'm not sure if this was addressed, but what about "donations". I'm making a Bugs Bunny cake for my Warner-Brothers-Freak-Fan-Sister and I usually don't charge my friends or family for my cakes. My sister, however, says that she just wants to make a "monetary donation" (her words) because she doesn't want me to be out "all that money" as she put it.
So, if you don't charge, but someone makes a donation to you, does this break the copyright law?
Good question...because my family and some of my friends actually offer to pay for the cost of ingredients to make a cake for them...
The bottom line is not if you make money off a purchase involving a character. The bottom line is live by the sword die by the sword.
If you make your living selling baked goods and use without permission (steal) someone else's property in your line of work, for example baking Mickie cookies for your kid's classroom, then you are passively promoting your business and using that image to do so, which is a copyright infringement.
How about for a family member's birthday party? As we are so wont to say, we hope we get more business at events like this, we are networking so no don't do it if you want to be free and clear
The idea is not to snuggle up to and get as close as possible to what's wrong to do.
The idea is to avoid the heat altogether.
Good post...Thanks.
think the cookies fr class should be fine becasue they sell the character cookie cutters so of course they know you are gonna make them, as long as you are not using them to promote your business interest or mass producing them, and i think the suit in the above link was because the couple was operating out of Florida which is "disney territory" and they were doing it for profit, alot of costume places have disney character costumes that they rent for halloween and birthday parties ( of course they have permission to rent the costumes, but it would be different if say someone rented the costume and the charged someone to have "mickey-mouse" at their kids party. anyways, as long as it is for home ( or class) use and not for business use i have been told it is okay because if they didnt want you to use it at all they wouldnt sell it.
I will check more into this disney thing, my mom has alot of private events there so her on site planner will know all the legalities. when i find out more i'll let you know!
No, it has nothing to do with location. Disney actively searches for anyone infringing upon their copyrighted characters. Disney found this couple because they had a website. They will do the same thing for anyone using their characters' likeness whether it's costumes, cookies, cakes, souvenirs, etc. As the saying goes, "Don't Mess with the Mouse".
And, as has been stated here, if you buy character pans, they are for home use. If you make a cake using them, you cannot sell them or use them for business. The few I own have only ever been used for my children's birthdays. Nobody's ever asked me to use them for a cake that I've made for anyone, so I haven't had to deal with this issue, but I wouldn't make one to sell or even bring to a school, or other event. Only in my home or that of a relative's for family use.
Someone said that when you buy a kit you must decorate the cake exactly as shown in the picture... not true.
The photo is included as a guide to decorate the cake, and for consistency - and to have an image to put on display for customers to order from. You can change it however you like.
I won't do any custom cake with a copyrighted entity for sale period. I have done them for my kids when they were little, and my nieces & nephews but that is the extent, and I never took a penny for them. I do sell the cakes with kits just like the grocery stores do, but I won't do a 3d or drawn image for a client or even a friend. I do show the works in my photo gallery only as representation of my abilities as a decorator. If a customer asks for a 3d, photocake image, or a drawn image I tell them that I cannot reproduce a trademarked image, but they are welcome to order a kit cake of the entity they are wanting.
What about sports teams logos? Does that fall into the copyright laws as well?
I would think so!
What about sports teams logos? Does that fall into the copyright laws as well?
I live in Athens...home of the GA DAWGS...we were told by our Wilton Instructor, that the "G" is copyrighted and we cannot use it for one our designs on our cakes...for profit. I have done the "G" but not for sale...for a friend.
cakes22 wrote:
What about sports teams logos? Does that fall into the copyright laws as well?
check an official copy of the logo (or whatever) your looking to do & see if it shows that little "r" "c" or "tm". That's your first & easiest way to determine leagallity.
Otherwise, if in doubt, DON'T! 
The bakery where I buy my supplies from sell the cake kits and other edible images. But they dont make any character cakes! I guess this is why. I made a HSM cake for my daughter...obviously I didnt profit from it--well my daughter gave me lots of hugs for it!
The bakery where I buy my supplies from sell the cake kits and other edible images. But they dont make any character cakes! I guess this is why. I made a HSM cake for my daughter...obviously I didnt profit from it--well my daughter gave me lots of hugs for it!
Hugs are the best payment.
i am not sure about military but sports teams have decopac items, just to be safe whenever someone wants something like that or character i go ahead and buy the decopac kit and then customize the cake around that, it is the only way i know that i am not infringing....
I would think military is okay but not sure, I can't hardly see the army going after someone because they made a cake witht heir logo on it for one of their soldiers or ret. soldiers.
I'm pretty sure the DOD is busy hunting down the badies. I don't think they include rogue bakers in that category. In fact, I'd say they'd like any and all good publicity. Now, if you're using their logo in a disparaging way; then, you may want to watch out. I don't think I've ever seen a promotion or going away cake that didn't have a logo or patch design on it!
dsevans wrote:
I would think military is okay but not sure, I can't hardly see the army going after someone because they made a cake witht heir logo on it for one of their soldiers or ret. soldiers.
At this point, we just can't be sure. 
Sad huh?! I would hope that the US military would see that this sort of product is (obviously) for their own beloved soldiers, current or not.
Just assume that all logos, insignias, characters, etc., are copyrighted, trademarked or service marked; you can bet on that. As someone who makes a living out of the written word, I can attest to the fact.
Think of it this way: You, as a baker, come up with an original character for a birthday party. Little Mary Smith and all of her friends just LOVE the "Princess Bertha" cake you made! Now all of her friends want one for their birthdays. Princess Bertha is catching on all over; you now see other people making Princess Bertha cakes and you are not getting one thin dime for it!
So you decide to trademark Princess Bertha. Now you have the legal right to charge others for using your trademarked piece of intellectual property or they will be fined. After all, you put a lot of hard work and inspiration into Princess Bertha and if others are going to be reproducing her, you want to profit from it and be assured her likeness is being used for the right reasons. If not, you have legal recourse. Get it?
........making a Bugs Bunny cake for my Warner-Brothers-Freak-Fan-Sister and I usually don't charge my friends or family for my cakes. My sister, however, says that she just wants to make a "monetary donation" (her words) because she doesn't want me to be out "all that money" as she put it........if you don't charge, but someone makes a donation to you, does this break the copyright law?
In a single word *YES!*. Money has changed hands. S 'sale' has been made. Tell sis she can pay you back some other way....later, much, much later 
As for military igs........call up a recruiter office and ask I bet if you really looked at any pic would will find a trademark/copyright mark.
Oh, and I'm not saying that Disney has not copyrighted their stuff and are entitled to compensation when their stuff is used, but I think they go way too far for what they ask for others to use the likeness of their characters and their penalties for using said characters without permission is ridiculous. JMHO
I always find it amazing of the number of threads on this topic where many disagree with the copyright law and ergo find it ridiculous that the copyright owner would actually try to protect their property. The generalization is that "I should be allowed to do anything I want with the item/character made by Disney."
But let a CC'er's cake photo end up on another website without credit to the original cake maker and it's a whole 'nuther story. The generalization is that "Nobody better dare use the item that was made by me!"
Can we just get a little consistent here? 
Oh, and I'm not saying that Disney has not copyrighted their stuff and are entitled to compensation when their stuff is used, but I think they go way too far for what they ask for others to use the likeness of their characters and their penalties for using said characters without permission is ridiculous. JMHO
I always find it amazing of the number of threads on this topic where many disagree with the copyright law and ergo find it ridiculous that the copyright owner would actually try to protect their property. The generalization is that "I should be allowed to do anything I want with the item/character made by Disney."
But let a CC'er's cake photo end up on another website without credit to the original cake maker and it's a whole 'nuther story. The generalization is that "Nobody better dare use the item that was made by me!"
Can we just get a little consistent here?
LOL! I've been arguing about this and other "inconsistencies" here for years... and given up. Sometimes I think being artistic (which side of the brain controls that) conflicts with the side that houses logic. Not in my case though. Heh.
okay sorry i got a kick out of "princess bertha" i am now gonna have to make a cake and title it princess bertha in honr of cookieman!
Sorry dsevans, I have a copyright on Princess Bertha.
Just kidding! I'd love to see that cake!!!
I think that you can purchase figurines and cake toppers and that is legal since you have paid for the item.
Here's the cath. You cn buy the figures...BUT not resell them. I have run into that with fabric. All of the licensed fabric, like for making quilts, is perfectly legal to buy and use for yourself, you just CANNOT resell it without permission.
I believe military logos is ok. (however I could be wrong)
In the Marines we use to get cakes from different bakers brought in with the EGA on it a lot. Never heard anyone complain or state the copyright law. Then again, we were all too busy going "CAKE!!!!"
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