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Decorating these cookies and cutter question? - Page 2

post #16 of 26
Agree with sugarjones. It's the photo that you can't take, display it on your website, and promote your cookies with it.

I think you can make the exact same cookies, but take your own picture on a different plate and arranged in a different way and you would still be OK.
post #17 of 26
Quote:
Originally Posted by imagenthatnj

Agree with sugarjones. It's the photo that you can't take, display it on your website, and promote your cookies with it.

I think you can make the exact same cookies, but take your own picture on a different plate and arranged in a different way and you would still be OK.



That makes total sense, since the picture itself isn't the design. I think that the only category anyone would be able to argue a cookie or cake design would fall under would be a "work of visual art". This is the definition of that from the copyright office website, and it doesn't sound like any cookies or cakes would fall into this category based on the fact that we generally don't sign and number the series of decorated cookies. It would certainly be a stretch of logic to argue that you could copyright them. I know that you can't copyright a recipe but you can copyright the specific written description of how to make the recipe, it's tricky:


A work of visual art is

(1) a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or

(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.
post #18 of 26
very interesting discussion. I would imagine trying to copyright the cookie would be difficult, then again some places hand out copyrights like water, could be possible. Asinine, but possible. Your probably correct that it's just for the picture usage. The scalloped square is a design that's been around a loooong time in the pastry world and music notes well, those have been around even longer. icon_wink.gif

Those will be cute cookies to make for your daughters class. Happy baking. icon_biggrin.gif
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post #19 of 26
I copyrighted my fingerprints, I wanted to make sure no one else got the same ones, that would be sooo embarrassing the next time I cashed a check.
post #20 of 26
Quote:
Originally Posted by cakeville82

I copyrighted my fingerprints, I wanted to make sure no one else got the same ones, that would be sooo embarrassing the next time I cashed a check.


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post #21 of 26
cakeville, you're hilarious.
post #22 of 26
Quote:
Originally Posted by cakeville82

I copyrighted my fingerprints, I wanted to make sure no one else got the same ones, that would be sooo embarrassing the next time I cashed a check.



Too funny! ROFL
post #23 of 26
My stuff seldom looks anything like the original inspiration, anyway.

I started with a picture of a cute, smiling curly blue-haired girl clown... this is the final design.
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post #24 of 26
Hasn't Hudsucker claimed a copyright on the circle yet? icon_biggrin.gif
post #25 of 26
I seem to recall someone on CC talking about Collette Peters trying to copyright the topsy turvy design and was declined. Can you imagine having to pay to make a crooked cake?! Ridiculous! icon_smile.gif I suppose if you were sued you could just say it was an accident! haha
post #26 of 26
Quote:
Originally Posted by cakeville82

I copyrighted my fingerprints, I wanted to make sure no one else got the same ones, that would be sooo embarrassing the next time I cashed a check.



Very funny icon_lol.gificon_lol.gif I do believe as cake and cookies are food they can not be directly copyrighted. Mr. Kellogs tried for many years and failed to protect his cornflakes just as did Mr. McDonald!! icon_biggrin.gif
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