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Just Notified of Copyright Infringement!!! - Page 2

post #16 of 29
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by BakingIrene

Finally, people should know that modern photocopiers store all the images, and the owner of each copier pays a per copy fee to copyright holders at the end of each year.


You're saying that everyone who owns a modern photocopier looks at every single copy made during the entire year, identifies the copyright owner of the scanned image, and contacts each copyright owner to pay a license fee? What's your source on that?



It's done automatically by the software also installed on the copier. Ask your local copy shop.
post #17 of 29
Quote:
Originally Posted by BakingIrene

Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by BakingIrene

Finally, people should know that modern photocopiers store all the images, and the owner of each copier pays a per copy fee to copyright holders at the end of each year.


You're saying that everyone who owns a modern photocopier looks at every single copy made during the entire year, identifies the copyright owner of the scanned image, and contacts each copyright owner to pay a license fee? What's your source on that?



It's done automatically by the software also installed on the copier. Ask your local copy shop.


I find it hard to believe that a piece of software can automatically recognize the content and context of a scanned image of varying quality, determine whether or not the copy falls under fair use exemptions (in which case no license is required), and determine who currently owns the copyright and how to contact them.

It also makes no sense that a third party would be responsible for paying the license fee for copies that you make, given that said third party does not have control over what you are copying.

Color copiers do contain special software that can recognize the specific pattern on currency to prevent counterfeiting, but given the number of copyrighted images in circulation it would be impossible to create a database of said patterns to recognize anything more than a very specific subset of images (like currency).
post #18 of 29
Wow there is a ton of fear mongering going on lately. Everyone really needs to take a chill pill on this stuff.

OP, I believe if your ISP has notified you then it possibly something you or a family member downloaded.

But this isn't 1995 - IP addresses don't mean as much as they used to, and can can duplicated and mirrored by hackers. I've personally seen it done and know at least 15 people that can do it right now. It's very possible that you haven't had anything to do with any offences but your IP was randomly used by someone doing shady stuff. It literally happens all the time. That's why internet crimes are so hard to trace, identify and prosecute. And Jason, since you are computer programmer (not an attorney or baker) you should know this to be the case.

Heck, someone can easily just hack into your Wifi or internet connection and use your internet, downloading whatever illegal stuff they want.

IF it was Disney or another copyright holder that caught wind of you making a character cake, you would not be hearing about it from your ISP. You'd be getting a C&D letter direct from the attorneys representing those companies.

If it was related to pictures you posted in Facebook, then Facebook would just delete the pictures and shut down your profile.

I'm just using common sense here.
post #19 of 29
I just got off the phone with the copy write attorney for Sesame Workshops (he called me in response to a permission inquiry). Very nice man, BTW.
I am making an Elmo cake this month and wanted some clarification on doing Sesame Street characters and putting my finished cake up on my FB and CC pages.
1. Sesame Street Workshops will not give permission for any of their characters to be recreated for professional bakers because it causes conflict and competition with their business partnerships (ie Wilton).
2. I am not a professional baker and this is for a present. As long as I am NOT using the cake for professional promotion, advertising or receiving compensation in anyway he felt it was wonderful that a child would want an Elmo cake.
3. I can put up my cake on my FB page (not a professional cake site) and CC because I am just showing "What I accomplished".
4. If I ever open a business in anyway I CANNOT use this Elmo cake for promotion. I will have to pull it from my portfolio.
I tried to get a number where a professional could obtain permission. He would not give me one.
So, at least I'm good to go for now. Hope this info was useful in some way.

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

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I love what I do and do what I love

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post #20 of 29
Quote:
Originally Posted by JWinslow

I just got off the phone with the copy write attorney for Sesame Workshops (he called me in response to a permission inquiry). Very nice man, BTW.
I am making an Elmo cake this month and wanted some clarification on doing Sesame Street characters and putting my finished cake up on my FB and CC pages.
1. Sesame Street Workshops will not give permission for any of their characters to be recreated for professional bakers because it causes conflict and competition with their business partnerships (ie Wilton).
2. I am not a professional baker and this is for a present. As long as I am NOT using the cake for professional promotion, advertising or receiving compensation in anyway he felt it was wonderful that a child would want an Elmo cake.
3. I can put up my cake on my FB page (not a professional cake site) and CC because I am just showing "What I accomplished".
4. If I ever open a business in anyway I CANNOT use this Elmo cake for promotion. I will have to pull it from my portfolio.
I tried to get a number where a professional could obtain permission. He would not give me one.
So, at least I'm good to go for now. Hope this info was useful in some way.



Maybe I'm just being paranoid, but I'd get something in writing. JMO
post #21 of 29
Quote:
Originally Posted by FromScratchSF

Heck, someone can easily just hack into your Wifi or internet connection and use your internet, downloading whatever illegal stuff they want.


If you were to challenge the copyright notice (which would potentially require spending a ton of money on a lawyer) that might be a defense, since it is indeed trivial to use someone else's wireless network if it has not been properly secured. Another defense could be that your computer was compromised by malware and had been downloading and/or uploading copyrighted items without your knowledge, which is again very common.

FYI there's no need to be paranoid about your IP address. Most residential internet users are behind a proxy (a server that stands between your computer and the internet), and while it is possible to modify internet communication headers so someone else appears to be communicating from your computer, this involves significantly more effort than stealing wireless service or installing malware. You don't need to worry about this type of attack unless you are a high value target, in which case you should retain the services of an information security professional (not a computer programmer).

It would be much easier to just find out what the infringement was, that way you would know for sure if you or someone in your family were responsible.

Quote:
Quote:

IF it was Disney or another copyright holder that caught wind of you making a character cake, you would not be hearing about it from your ISP. You'd be getting a C&D letter direct from the attorneys representing those companies.


Correct, but if you posted copyrighted Disney images you would indeed hear about it through your ISP via a DMCA takedown notice. The copyright owner may also have no other way to contact you except through your ISP if there is no contact information available.
post #22 of 29
[/quote]Maybe I'm just being paranoid, but I'd get something in writing. JMO[/quote]

I felt much better after speaking to the attorney. Not so confused and feel I have clear directions. He cannot give permission which would violate their agreements leading into compensation vs.being a gift with no promotion. I feel pretty good about it.

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

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I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

Reply
post #23 of 29
[quote="JWinslow"]1. Sesame Street Workshops will not give permission for any of their characters to be recreated for professional bakers because it causes conflict and competition with their business partnerships (ie Wilton).

So basically, any professional baker who does a Sesame Street character without using a Wilton pan or something like a decopac is in violation of copyright. Wow. Good to know.
post #24 of 29
I do not know what the rules/laws for selling cakes in these character pans. I don't want to mislead anyone. Please keep in mind I am not a professional baker and was trying to get clarification on a cake (as a gift) I want to put up on my FB and CC pages.

I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

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I love what I do and do what I love

https://www.facebook.com/JeanneWinslowCakeDesign

Reply
post #25 of 29
Jason brings up a good point, you should make sure your computer doesn't have a virus on it also. That is another way someone and exploit your IP addie.
post #26 of 29
Quote:
Originally Posted by jgifford



So basically, any professional baker who does a Sesame Street character without using a Wilton pan or something like a decopac is in violation of copyright. Wow. Good to know.



As I understand the law any professional baker who uses a Wilton character pan and sells the cake is in violation.
post #27 of 29
Quote:
Originally Posted by BakingIrene

Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by BakingIrene

Finally, people should know that modern photocopiers store all the images, and the owner of each copier pays a per copy fee to copyright holders at the end of each year.


You're saying that everyone who owns a modern photocopier looks at every single copy made during the entire year, identifies the copyright owner of the scanned image, and contacts each copyright owner to pay a license fee? What's your source on that?



It's done automatically by the software also installed on the copier. Ask your local copy shop.



I worked in a copy shop (a very large North American chain) for years and this is not true there. We, the employees would not and could not photocopy anything that was copyright protected. We had "self serve" machines that customers could use themselves to photocopy anything they wanted, and we had very large and clear signage advising them that it was illegal to photocopy anything copyright protected, and they were to do so at their own risk.
post #28 of 29
I'm sure the internet providers have suspended service to all of those busted in the recent federal busts of fake purses, sports jerseys, etc. So it can happen. And it probably will become more prevalent as the law catches up with the web. If there is money in it, which there is, the attorneys will capitalize. They are smart and can easily find opportunity, especially in this market where their incomes are declining.
post #29 of 29
I was involved in a seminar on this subject. First I am not an expert. But I will tell you that in this economy, copyright infringement is an easy way for copyright holders to make easy money. So you see these types of cases on the rise right now.

As far as wilton is concerned, their main target customer bases is not commerical, it is the end user such as the homemaker. While businesses buy their product, their target customer is the person who goes to Michaels and buys decorating items. So it doesnt surprise me that the notices on their products are small. It is the end users resposibility to making sure that they do not break the infringement.

I know that we created iiDesigns because poeple were taking scrapbooking designs and copying them and putting them on cakes. It is hard to tell what is copywritten and what was not so we went out and bought designs with a licnese specifically for the use on edibles by our customers. People think because a design is on the internet, oron one of those clip art programs or in a scrapbook design book that it is fair game, NOT true. It is fine for you to use in your home for personal use, but most of that is not for commercial use or for profit. So it is best to air on the side of caution. You hear all kinds of horror stories and its just not worth it.

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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