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copyright laws questions - Page 2

post #16 of 33
4/23/12 at 9:04pm
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by Eaglewoman

So are all the themed cakes...sponge bob, toy story, etc, shown in the gallery of CC illegal?


If the cake decorator did not have permission from the copyright owner, any cake featuring a copyrighted character made from fondant, gumpaste, or BC violates copyright law.




If they don't have permission, I wonder why more people aren't weary of posting these cakes in the gallery? C.C. seems to be a pretty popular site, and from here pictures can be posted to Pintrest, so these pictures are getting out there. Up until I was asked to do the Tinkerbell cake this past weekend, I have never done a character cake before. When I was asked to do it, I said sure, but I would not replicate Tinkerbell in fondant, that I would buy a toy doll of her and put on top...thanks to reading the posts about these laws. Honestly, before this site I never gave it a thought one way or another, so I'm thankful for the knowledge I get here.
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post #17 of 33
4/23/12 at 9:06pm
Quote:
Originally Posted by Eaglewoman

what about these contests... star trek, superheroes, etc.(seen in the gallery) Does each contestant have to get permission before entering the contest?


If the copyright owner runs the contest themselves you are probably OK, since the contest itself is implicitly granting permission. If a third party (like Cake Central) runs the contest and does not negotiate a license on behalf of contest entrants then each entrant would need to get permission if they duplicate a copyrighted character. If they use a more generic theme without duplicating copyrighted characters or logos permission would not be necessary. It is also OK to use genuine licensed figurines without permission, since the doctrine of first sale protects you, and the copyright owner is getting paid through the sale of the figurine.
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post #18 of 33
4/23/12 at 9:15pm
Quote:
Originally Posted by debidehm

If they don't have permission, I wonder why more people aren't weary of posting these cakes in the gallery? C.C. seems to be a pretty popular site, and from here pictures can be posted to Pintrest, so these pictures are getting out there.


Most people are probably not aware that copyright laws apply to one-off cakes and small businesses, or they think they are OK if they don't sell the cake (they aren't).

Interesting that you mention Pinterest. It is a great site, but unfortunately it looks like it is unsustainable as a business in its current form. In order to actually make money they would need to negotiate licenses with the copyright owners of all the content posted by users, and I just don't see how that's feasible without putting severe limits on where you can pin pictures from.

More info:
http://techcrunch.com/2012/03/22/for-pinterest-revenue-will-turn-copyright-questions-into-problems/
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post #19 of 33
4/23/12 at 9:16pm
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by Eaglewoman

what about these contests... star trek, superheroes, etc.(seen in the gallery) Does each contestant have to get permission before entering the contest?


If the copyright owner runs the contest themselves you are probably OK, since the contest itself is implicitly granting permission. If a third party (like Cake Central) runs the contest and does not negotiate a license on behalf of contest entrants then each entrant would need to get permission if they duplicate a copyrighted character. If they use a more generic theme without duplicating copyrighted characters or logos permission would not be necessary. It is also OK to use genuine licensed figurines without permission, since the doctrine of first sale protects you, and the copyright owner is getting paid through the sale of the figurine.



So if they (C.C.) do a contest and each person is responsible to get permission themselves to replicate a character, does C.C. let the people entering these contests know they need permission, or let them know that permission has been given and it's ok to make these cakes and enter them in the contests? Something that would be nice to know before entering a contest like that.
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post #20 of 33
4/23/12 at 9:20pm
Jason- I only mention Pintrest because the vast amount of people that are on there. You post a picture to your board, someone sees it, and posts to their wall (people you don't even know), and on and on it goes. Who know who all sees it?
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post #21 of 33
4/23/12 at 9:20pm
Quote:
Originally Posted by debidehm

So if they (C.C.) do a contest and each person is responsible to get permission themselves to replicate a character, does C.C. let the people entering these contests know they need permission, or let them know that permission has been given and it's ok to make these cakes and enter them in the contests? Something that would be nice to know before entering a contest like that.


It would be nice, but this would probably scare off most entrants, and CC would not make as much money off the contest.
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post #22 of 33
4/23/12 at 9:27pm
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by debidehm

So if they (C.C.) do a contest and each person is responsible to get permission themselves to replicate a character, does C.C. let the people entering these contests know they need permission, or let them know that permission has been given and it's ok to make these cakes and enter them in the contests? Something that would be nice to know before entering a contest like that.


It would be nice, but this would probably scare off most entrants, and CC would not make as much money off the contest.



I'll probably get booted off this site for saying this, but wouldn't that be almost encouraging people to violate these laws by having these types of contests (where copy write characters are being used) and not telling people outright that they will need permission before making them?
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post #23 of 33
4/23/12 at 9:30pm
Quote:
Originally Posted by debidehm

Jason- I only mention Pintrest because the vast amount of people that are on there. You post a picture to your board, someone sees it, and posts to their wall (people you don't even know), and on and on it goes. Who know who all sees it?


It's not just pinterest, any time you post a picture on the internet (on your blog, FB, Cake Central) it is eventually indexed and can be easily found by anyone doing a search on the subject of the image.

And re the contests, it may simply be ignorance of the law on the part of CC as opposed to malicious intent.
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post #24 of 33
4/23/12 at 9:37pm
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by debidehm

Jason- I only mention Pintrest because the vast amount of people that are on there. You post a picture to your board, someone sees it, and posts to their wall (people you don't even know), and on and on it goes. Who know who all sees it?


It's not just pinterest, any time you post a picture on the internet (on your blog, FB, Cake Central) it is eventually indexed and can be easily found by anyone doing a search on the subject of the image.

And re the contests, it may simply be ignorance of the law on the part of CC as opposed to malicious intent.



I would agree with you about "ignorance of the law", but with as many posts about this topic on C.C., I can't buy it. I've only been on this site a few short months, and I think that was one of the first things I learned here...and am thankful to have learned that. Thank you for your help Jason. I really don't want to set a bee in someone's bonnet about all this, but in order to learn, we must ask questions. Again...thank you.
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post #25 of 33
4/23/12 at 11:23pm
Our bakery was informed that we cannot sell a copyright cake. Customers can look through the sample book and we can make and decorate the cake, per photo book, but we cannot put the character toys on the cake.
We can only sell the toys along with the cake and the customer has to put the figures on themselves.
On the other hand... I was informed many years ago, I could make a character cake at home for my family and friends as long as I did not sell it. After reading the article, I am confused. This is something I want to check into.
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post #26 of 33
4/24/12 at 3:45am
Pinterest recently changed their terms of service to say that if you pin something you need to have the license, and they assume no liability. You're supposed to get permission from the owner before pinning. Iif the person you're pinning from doesn't have a pin it button on their page you can't assume that you have permission and you're supposed to ask them first.
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post #27 of 33
4/24/12 at 4:13am
[quote="margeann"]Our bakery was informed that we cannot sell a copyright cake. Customers can look through the sample book and we can make and decorate the cake, per photo book, but we cannot put the character toys on the cake.
We can only sell the toys along with the cake and the customer has to put the figures on themselves.
On the other hand... I was informed many years ago, I could make a character cake at home for my family and friends as long as I did not sell it. After reading the article, I am confused. This is something I want to check into.[/quote]

That's true if you're buying the cake kits. You have to make the kits as pictured.

However, if you're going to the toy store and buying toys, you can design any cake you want.

At least that's always been my understanding.
Answers to the most often asked questions re: SPS. SPS instructions are on Page 15 of the Sticky at the top of the Cake Decorating Forum. Supplies can be ordered from Oasis Supply, Global or BakeryCrafts.
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Answers to the most often asked questions re: SPS. SPS instructions are on Page 15 of the Sticky at the top of the Cake Decorating Forum. Supplies can be ordered from Oasis Supply, Global or BakeryCrafts.
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post #28 of 33
4/24/12 at 12:18pm
Hmm...bringing up Pinterest is interesting. I guess I always thought (ignorance abound, here!) that since it links back to the original location of the photo, it would be ok to re-pin something. I've always thought of it like a bookmark (but easier to use) - I like this [product, cake design, dress, photograph, recipe] and would be interested in buying, making, etc. it later so I'll pin it to easily locate the original website later...

Interesting discussion about Pinterest!
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post #29 of 33
4/24/12 at 12:51pm
[quote="Krista512]
These type of copyrighted characters include, but are not limited to, Mickey Mouse, Dora, Hello Kitty, Sesame Street, Thomas the Tank Engine, Bob the Builder, Sponge Bob and and other such character.
[/quote]

My only comment to add regarding your text would be to include the part in italics and bold. This will cover yourself when someone comes and asks if you'll do a Superman cake or something that isn't listed above.
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post #30 of 33
4/24/12 at 1:06pm
I have this posted on my site under FAQ, short & to the point:Can I bring in a picture to be scanned on a party cake? Yes and No. If your picture is of a family member, friend, your car, pet, etc. that you have taken, then yes, we can recreate it on a cake for you. We can not legally reproduce a picture of a celebrity, cd cover or any other item or logo that has a trademark or copyright. We
can not copy a picture from a book, magazine or an internet site. We do keep many licensed characters in stock, so call to see if we have what you are looking for.
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