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Again copyright/trademark - are people just ignorant? - Page 2

post #16 of 21
Quote:
Originally Posted by LittleLadyBabyCakes

While in college I had a friend who worked at a Promotions company...

The rule of thumb to not be an infringement on a copyright was to change 3 things. Font style or size. Head/ear size... color. etc.

We had tons of promotional products that *almost* looked like a copyrighted product. The same applies for the "black market" Mickey's--they look just a little off! LOL



That's not true...If it's recognizable as that character you can still be sued if the copyright holder wants to take you to court. Changing something a little isn't good enough. Paying for the license or getting premission to use it is. I've heard the idea of changing it just a little before but that won't fly in court.
post #17 of 21
Quote:
Originally Posted by costumeczar

Quote:
Originally Posted by LittleLadyBabyCakes

While in college I had a friend who worked at a Promotions company...

The rule of thumb to not be an infringement on a copyright was to change 3 things. Font style or size. Head/ear size... color. etc.

We had tons of promotional products that *almost* looked like a copyrighted product. The same applies for the "black market" Mickey's--they look just a little off! LOL



That's not true...If it's recognizable as that character you can still be sued if the copyright holder wants to take you to court. Changing something a little isn't good enough. Paying for the license or getting premission to use it is. I've heard the idea of changing it just a little before but that won't fly in court.

I should have clarified... I didn't say it was right, but that is what they did.
I particularly hate character cakes... for reasons other than copyright infringement... icon_smile.gif
A merry heart doeth good like a medicine: but a broken spirit drieth the bones. Proverbs 17:22
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A merry heart doeth good like a medicine: but a broken spirit drieth the bones. Proverbs 17:22
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post #18 of 21
If asked to do a character cake such as Mickey or Dora is it OK if I buy the toy to put on the cake? I know I'm not suppose to make them of fondant ( I have done this but only for home family cakes NEVER to sell.) I have been asked to do a few of these and buy the toys but still make extra decorations (flowers, bugs, stars. etc.) is this O.K?
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Visit me on Face Book at "Sweet Things by Kim" and "like". Thank you. And feel free to share your creations on Sweet Things by Kim. I love to share mine and see what others come up with.http://www.facebook.com/pages/Sweet-Things-by-Kim/197211733650619
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post #19 of 21
Quote:
Originally Posted by KimErskine

If asked to do a character cake such as Mickey or Dora is it OK if I buy the toy to put on the cake? I know I'm not suppose to make them of fondant ( I have done this but only for home family cakes NEVER to sell.) I have been asked to do a few of these and buy the toys but still make extra decorations (flowers, bugs, stars. etc.) is this O.K?


As long as the toys are licensed you should be OK.
post #20 of 21
wow, so even the buyer can be in trouble for infringement?? If they claim ignorance? Interesting....I guess the decorator as well then, not just the shop owner...learn more everyday.
post #21 of 21
Quote:
Originally Posted by cakegal1195

wow, so even the buyer can be in trouble for infringement?? If they claim ignorance? Interesting....I guess the decorator as well then, not just the shop owner...learn more everyday.


If the buyer posts a picture of the cake online and the copyright owner finds it, they would be the first point of contact for a potential lawsuit, but chances are the copyright owner would focus most of their efforts on the businesses involved since they tend to have deeper pockets.
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