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Warning about licensed characters and copyrighted material - Page 3  

post #31 of 180
IndyDebi, as usual, makes an excellent point. I think it's just frustrating to feel like our hands our tied in some ways to copy designs/figures, but there are certainly alternatives. As long as I can make my son a Spongebob cake all is well.
post #32 of 180
Quote:
Originally Posted by indydebi

It has everything to do with preserving the integrity of the creator's work.



Exactly thumbs_up.gif
That's why they do approve the use of sugar or plastic lay-ons for cakes... they just want to ensure that only quality and approved images are used rather than someone's poor interpretation of their characters.
HOW TO:
Make tip #127D (giant rose tip) Ruffle cake,
Write with icing,
Make buttercream roses on a stick:
http://s984.photobucket.com/albums/ae322/Unlimited1cakes/
HOW TO:
Make tip #127D (giant rose tip) Ruffle cake,
Write with icing,
Make buttercream roses on a stick:
http://s984.photobucket.com/albums/ae322/Unlimited1cakes/
post #33 of 180
Keep in mind, when asking for permission to use copyrighted material, if you ask in what capacity you might be able to use their image they might approve it with slight changes required. For example, I don't recall all of the details, but we know someone who was granted permission to use the Strawberry Shortcake character IF they simply used another type of fruit on her dress other than strawberries... not a bad compromise, so it doesn't hurt to ask if a similar alternative design can be okayed.
HOW TO:
Make tip #127D (giant rose tip) Ruffle cake,
Write with icing,
Make buttercream roses on a stick:
http://s984.photobucket.com/albums/ae322/Unlimited1cakes/
HOW TO:
Make tip #127D (giant rose tip) Ruffle cake,
Write with icing,
Make buttercream roses on a stick:
http://s984.photobucket.com/albums/ae322/Unlimited1cakes/
post #34 of 180
Quote:
Originally Posted by Unlimited

Quote:
Originally Posted by indydebi

It has everything to do with preserving the integrity of the creator's work.



Exactly thumbs_up.gif
That's why they do approve the use of sugar or plastic lay-ons for cakes... they just want to ensure that only quality and approved images are used rather than someone's poor interpretation of their characters.



Good point...I never really thought about the quality control aspect.
post #35 of 180
I think a lot of people seem to forget about DecoPac. Only "grocery stores" use those right?

And for good reason. They don't need to contact Disney or Marvel or DC Comics or Nickolodeon or whoever for permission. If they buy the kit, they buy the rights to use that kit and resell it. Granted, they have to decorate the cake as shown on the little instruction card, but some of those cakes are pretty darn cute.

I think we just need to keep in mind that we are not being "prevented" from doing character cakes, we are simply being "limited". And as the OP quoted Kerry, "it'll only make us better designers."[/i]
"Focus on what you share in common, learn from what makes you different, support each other through struggles, and celebrate each others' success."

Check out my buttercream rose tutorial!
http://www.youtube.com/watch?v=kGa5j46Z05c
"Focus on what you share in common, learn from what makes you different, support each other through struggles, and celebrate each others' success."

Check out my buttercream rose tutorial!
http://www.youtube.com/watch?v=kGa5j46Z05c
post #36 of 180
"indydebi" I completely understand the issue of people making money from their trademarks...it is the issue that they market these things to children to get them hooked on it, the parents spend hundreds of dollars abiding by the trademark and buying their items, toys movies etc, then the mother has a friend bake her child a cake of the passion the company wanted them to have, and they can sue them? I'm sorry, but that is wrong! That is the part I have a problem with.
post #37 of 180
Quote:
Originally Posted by lauriekailee

"indydebi" I completely understand the issue of people making money from their trademarks...it is the issue that they market these things to children to get them hooked on it, the parents spend hundreds of dollars abiding by the trademark and buying their items, toys movies etc, then the mother has a friend bake her child a cake of the passion the company wanted them to have, and they can sue them? I'm sorry, but that is wrong! That is the part I have a problem with.

so where do you draw the line?

Disney is not saying you can't have a Mickey Mouse cake. Disney is saying they want to control the quality of THEIR intellectual property and, btw, it's wrong for someone else to make a profit off of THEIR creation.

If your child wants a Mickey Mouse cake, it's real easy to order one with a Deco Pac decor .... all nice and legal.

What's the problem? icon_confused.gif
post #38 of 180
Quote:
Originally Posted by lauriekailee

"indydebi" I completely understand the issue of people making money from their trademarks...it is the issue that they market these things to children to get them hooked on it, the parents spend hundreds of dollars abiding by the trademark and buying their items, toys movies etc, then the mother has a friend bake her child a cake of the passion the company wanted them to have, and they can sue them? I'm sorry, but that is wrong! That is the part I have a problem with.



I am not sure what is particularly wrong in the situation you describe. In fact the situation you describe the child hooked on particular character or set of characters is precisely why you cannot make a cake with those characters. The cake is simply another product, along with the toys, movies, etc. that you have to pay for. You have to pay for the Toy Story 3 plates, napkins, party favors, why does this mean you do not have to pay for a cake.

If you want the character cake for your child you have to pay for it, just like the films and toys. Simply because the child wants the cake because they have been hooked on the toy does not mean the parent gets to get the a cake without paying for a license to create it (whether it be a character pan or the kits others have mentioned).
post #39 of 180
sorry, I don't know how you reply with the quote inside it.

To me the line is drawn when this is being made by people for their own use. Not to advance their business, whether you pay for it or not. And I am not a mom! But I think when you have paid money to buy their products and you want your child to have a cake like the toys they have, that is fine. If everyone knows you personally made it, why is that affecting the integrity of the trademark? They are having fun, giving their child something to remember. Have we all forgotten the part of enjoying life! Please, understand. I am not refering to people selling cakes with the trademark infringement. I am only talking about the personall use. Isn't that why all of us post our pictures on this site??? To show others what we have done to share with them?? provide ideas for others?? why is that a bad thing if you are not taking money away from them??
post #40 of 180
Quote:
Originally Posted by lauriekailee

why is that a bad thing if you are not taking money away from them??



ok...

supply me with a portrait of yourself.

let me have some fun with photoshop.

and then see how you like it when I post the photoshopped renditions of you all over the net clearly saying this is you.

--

I'm sure that while I may find it humorous, you won't.

Just like when cakes are made of copyrighted materials the owners don't find it humorous when others mess with the original work.
Keep on cakin'!
Keep on cakin'!
post #41 of 180
Ok, I know the no-nos of copyrighted images, I get the whole financial gain and even protecting the integrity of the copyrighted characters but I also own several Debby Brown books that show you how to make some of these copyrighted characters, for home use of course, so whats the deal with these? I don't think they specify that the cakes/figures need to be made excatly the way she did them, is it because the books are from the UK? I'm not trying to argue one way or the other just wondering what the deal is, if these cakes fall into the forbidden category?
"A good man can make you feel sexy, strong, and able to take on the world... oh sorry... that's wine... wine does that."

"You are only helpless when your nail polish is wet. Even then, you could pull a trigger if you had to."
"A good man can make you feel sexy, strong, and able to take on the world... oh sorry... that's wine... wine does that."

"You are only helpless when your nail polish is wet. Even then, you could pull a trigger if you had to."
post #42 of 180
Quote:
Originally Posted by lauriekailee

sorry, I don't know how you reply with the quote inside it.

To me the line is drawn when this is being made by people for their own use. Not to advance their business, whether you pay for it or not. And I am not a mom! But I think when you have paid money to buy their products and you want your child to have a cake like the toys they have, that is fine. If everyone knows you personally made it, why is that affecting the integrity of the trademark? They are having fun, giving their child something to remember. Have we all forgotten the part of enjoying life! Please, understand. I am not refering to people selling cakes with the trademark infringement. I am only talking about the personall use. Isn't that why all of us post our pictures on this site??? To show others what we have done to share with them?? provide ideas for others?? why is that a bad thing if you are not taking money away from them??



To quote a post look at the top right of the message you want to quote and you will see a little quote button--click it it will include it.

How is it that you are not taking money from them? If you want to make a Buzz Lightyear cake you can buy the licensed character pan or a DecoPac (I am assuming there is one). The holders of the copyright have been paid already for the pan. You buy it you make the cake for personal use--they have gotten their royalty. You decide hey I want to make a Buzz Lightyear cake I can frozen butter cream transfer or make him out of chocolate---you are not paying a royalty to Disney like you would if you used the character pan. Hence you are taking money away from them--it is the same if you walk over to your neighbors house and rip their Disney DvDs. You would not be purchasing a product for which they receive a royalty.

There is no personal use exception and your self-designed cake would not qualify as a fair use exception. And whether or not you take money from them is technically irrelevant as you do not have the right to profit (in its widest sense) from the work of others (even if this profit is a happy child). It is not unfair, it is not your intellectual property. Folks cannot come of the street randomly and enter your residence, you cannot just decide to use someone else's creation.

And I do not understand why people keep insist on using giving your child something to remember as a reason to justify making your own character cake. There are plenty of ways to make character cakes where the holder of the copyright gets compensated and you get to give the child the birthday of their dreams. These are not mutually exclusive. If you want that birthday, then you have to pay, including for the cake. No one is saying you cannot have the character cake, you just cannot have it because you do not feel you should have to pay for the right to use someone else's intellectual property.

Oh and just to be clear I am not saying you should not make the cake for the child. I am merely just trying to clarify what is and what is not a violation. I am simply saying there is a risk to doing it. Realistically there is little to be gained from them going after the parents who decided to make a character cake for their child. But Disney could come after you. I am also not saying it is okay to make the cake--just be aware that it is an infringement and would you want that to happen to your work?
post #43 of 180
I wonder if any copyright holders that are concerned with the artistic integrity of their characters have been over to "Cakewrecks" lately icon_lol.gificon_lol.gificon_lol.gif
"A good man can make you feel sexy, strong, and able to take on the world... oh sorry... that's wine... wine does that."

"You are only helpless when your nail polish is wet. Even then, you could pull a trigger if you had to."
"A good man can make you feel sexy, strong, and able to take on the world... oh sorry... that's wine... wine does that."

"You are only helpless when your nail polish is wet. Even then, you could pull a trigger if you had to."
post #44 of 180
"doug"


Nice to take one line of my email and take it out of context.

I'm talking a mother who has already paid royalties by buying movies, toys, ect. making a cake that doesn't leave her house and gets eaten in a few hours.

If you want to change my picture, have at it...won't bother me at all. I get your point, but I think you are missing mine. As I said, I'm not talking of the business ripping them off, or the person who makes the design look awful and shows it to everyone.

i don't need a lecture everyone on how this affects the integrity of someone's design. That isn't anywhere near what I am referring to.

don't we have bigger worries in the world than someone making elmo's hair the wrong shade?
post #45 of 180
Does this include designs on invitations, party supplies etc?
The grass withers and the flowers fall, but the word of our God stands forever. Isaiah 40:8
The grass withers and the flowers fall, but the word of our God stands forever. Isaiah 40:8
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