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Selling character cakes: Legal Opinion - Page 2

post #16 of 31
Hi, I'm Victoria I am 15 and I was wondering I am holding a "Cupcakes for a Cause" to raise money for Children's Miracle Network I will be selling cupcakes and wanted to know if it is legal for me to sell cupcakes that have characters on them? ( I will be selling them outside stores, and etc. ) If it is not, could I say "Make a donation of _$ or more and get a cupcake!"? because then I am not truly selling them, but I would be technically giving them away to people who donate?
post #17 of 31
Quote:
Originally Posted by Victoria319 View Post

Hi, I'm Victoria I am 15 and I was wondering I am holding a "Cupcakes for a Cause" to raise money for Children's Miracle Network I will be selling cupcakes and wanted to know if it is legal for me to sell cupcakes that have characters on them? ( I will be selling them outside stores, and etc. ) If it is not, could I say "Make a donation of _$ or more and get a cupcake!"? because then I am not truly selling them, but I would be technically giving them away to people who donate?
If you don't have permission from the copyright owners, you cannot legally sell or transfer a copy of a copyrighted character to someone else, even if it's for a donation. If the cupcakes have an original licensed figurine on top instead of a copy made out of gumpaste or fondant then you would not need permission.
post #18 of 31

I have it stated on my web site licensed characters must be approved cake kits or items sold to be used on cakes such as pre-printed edible images. I still get calls every week to reproduce a character and when I tell then it's illegal to do that I always get "well how come I see them all over the internet". Unfortunately every other bakery and home decorator around me has no problem doing them, it is fustrating to have customers going to a another person and having no problem getting their cake done. Even the "big boys" in my state have Disney cakes right on their web sites, so no wonder people think it's ok...

post #19 of 31

im still confused on this. im just starting out on making cakes and i just want to be sure...is it okay to use cake characters figurines on the cake and sell it? if i buy character figurines online, and put them on the cake, i can sell it? does it have to be cake figurines or can be any toys from wal-mart? Please let me know! thanks!

post #20 of 31

yeah i know, thats true. i have had some people asking to make minnie mouse cake and i had to turn them down cuz of copyrights and i have seen hundreds of them on the internet, which sucks. i made one for my own daughter which should be okay cuz its not for sale. but if a customer wants me to make one for them, i have to say no
 

post #21 of 31
Quote:
Originally Posted by liva2003 View Post

im still confused on this. im just starting out on making cakes and i just want to be sure...is it okay to use cake characters figurines on the cake and sell it? if i buy character figurines online, and put them on the cake, i can sell it? does it have to be cake figurines or can be any toys from wal-mart? Please let me know! thanks!

As long as you aren't copying the character and the figurine is licensed, you have the legal right to resell the figurine without permission from the copyright owner.
post #22 of 31
Okay great! Does the cake have to be square like Walmart cakes or it can be any shape or form as long as I use to figurines on it?
post #23 of 31
Quote:
Originally Posted by liva2003 View Post

Okay great! Does the cake have to be square like Walmart cakes or it can be any shape or form as long as I use to figurines on it?

The cake can be of any shape, assuming no copyrighted elements have been copied.

If you buy a DecoPac, the license agreement may require you to duplicate the layout of the DecoPac exactly. It's unclear whether or not that is actually enforceable but if you use a DecoPac I would abide by the agreement unless you are willing to be a test case.
post #24 of 31
Just for clarification, that doesn't mean you can buy anything marked as a cake topper online and its legal, there are plenty of people selling unlicensed cake accessories on eBay and etsy etc. if its not sold as being under license from Disney etc, its probably not.
elsewhere.
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elsewhere.
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post #25 of 31

Do you guys think that the licensed edible premade sugar decorations (from Luck's or DecoPac) would legally be the same type of thing as a figurine?  I like to use them on cupcakes and cake pops I sell.

post #26 of 31
Quote:
Originally Posted by MariaK38 View Post

Do you guys think that the licensed edible premade sugar decorations (from Luck's or DecoPac) would legally be the same type of thing as a figurine?  I like to use them on cupcakes and cake pops I sell.

I believe the companies that make these sugar decorations have license agreements with the copyright owners, you can contact them to confirm this. If they are licensed they are OK to resell.
post #27 of 31
Quote:
Originally Posted by mombabytiger View Post

"Oh, ChefStef, you're right, but you're around here long enough to know that people rarely look at the stickys, or articles, or take the time to search the forums archive before asking the same darn questions over and over. "

The topic of the question is clearly stated. If you're bored with it, don't click on it. Not everyone has been here for 100 years and knows all the answers.


I have to agree. When I first joined the site, I didn't even know there WAS such a thing as "sticky'"s or that a forum topic could be searched. If you don't want to answer the question of the poor hapless newbie, don't answer, but no need to put them down for it. No need to become a 'diva" just because you've been around a long time.

post #28 of 31

I just find it amusing that this thread is a zombie resurrected from three years ago, and it was supposed to "put an end to the discussion." This topic will never be ended because people will continue to try to find a way around trademarks and copyrights until the end of time.

post #29 of 31

Thanks Jason!

post #30 of 31
Quote:
Originally Posted by jason_kraft View Post


I believe the companies that make these sugar decorations have license agreements with the copyright owners, you can contact them to confirm this. If they are licensed they are OK to resell.


Lucks and Decopac do have the licenses to sell to bakeries for resale. You will need to read their rules carefully because they do have specific ways you can and cannot use the product.

Debbie
Owner
Icing Images, LLC

Have you tried our new DECOgel?

Official Distributors of Spellbinders Sweet Accents for Icing Images the first full food safe die cutting and embossing system!
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Debbie
Owner
Icing Images, LLC

Have you tried our new DECOgel?

Official Distributors of Spellbinders Sweet Accents for Icing Images the first full food safe die cutting and embossing system!
Picture Cake Equipment, Supplies for Edible Printing,...




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