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Licensing for Disney

post #1 of 13
4/28/12 at 11:42pm
Thread Starter 
Alright I have a question: What can I make and sell that is disney without having a disney license (replace Disney with any other company: WB, Barbie (matel)...). I see beautiful cakes on here that are models of disney characters (like Tigger) or inspired by them without having a direct model. My sister and I were talking about her baby shower cake and she suggested something with Tigger. I'm not chartering her for the cake since I am throwing the party as well but I want to be able to put the cake on my website.

I know that's a long winded question but I wanted to see if there was anything I could make that involved Disney (or any other company).

Thanks so much!

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For the love of science and baking

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http://www.thesugarlab.net
http://www.facebook.com/AlisSugarLab
 

For the love of science and baking

Birthday Cakes
(6 photos)
  
Reply
post #2 of 13
4/29/12 at 11:17am
Without Disney's approval, your best option would be to put a licensed figurine or decopac on a generic cake:

https://www.google.com/search?hl=en&site=&source=hp&q=tigger+decopac
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post #3 of 13
5/5/12 at 10:06pm
But you can make whatever you want if you don't charge her.

You can show your work too, but I would add a note on it-- "made as a gift for my sister's shower." But then people will contact you to make the same cake for them...
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post #4 of 13
5/5/12 at 11:53pm
Sorry johnson, but that information is not correct. Copying a licensed character is infringement. Money does not need to change hands. The amounts awarded by the courts take into consideration the exchange of money and do usually award higher judgements to those cases, but all are in violation and get awards.

Any licensed image that you purchased can be used. My grandson got a dessert buffet with a "Cars" theme. I bought every "Cars" car in different sizes that I could find. They were all displayed on cakes with fondant roads. Children would rather have the toys anyway.

On my Harry Potter cake, I bought the little $9.00 kit at the grocery store. You still must follow the picture exactly. I did the cake in IMBC over scratch cake. No airbrush, but a textured copy in buttercream. It was legal. Bothe are on my site.

If you go to a toy store, you can find plenty of inspiration.

I'm making a cake that needs a small WVU logo, so I'm buying the cupcake pan and I'm making a candy logo with it. This is expensive, but I live in WV. I'll be able to use it, especially if I put it on the menu.
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post #5 of 13
5/6/12 at 8:52pm
hmmmm. I always thought it was the $$$ that made it infringement. I defer to you scp1127.
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post #6 of 13
5/6/12 at 9:50pm
Section 504 of Chapter 5 of US Copyright law provides for statutory damages between $750 and $30,000 per infringement if there are no actual damages or profits on the part of the infringer.

http://www.copyright.gov/title17/92chap5.html#504
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post #7 of 13
5/23/12 at 7:21pm
Thread Starter 
Thanks everyone! So I'm assuming this would also apply to an Angry Birds cake. I've seen a few on here (even on on the Tutorial). I really want to do one for my niece's birthday, especially after she saw the sketch of it. Do you think I could do it and be ok?

http://www.thesugarlab.net
http://www.facebook.com/AlisSugarLab
 

For the love of science and baking

Birthday Cakes
(6 photos)
  
Reply

http://www.thesugarlab.net
http://www.facebook.com/AlisSugarLab
 

For the love of science and baking

Birthday Cakes
(6 photos)
  
Reply
post #8 of 13
5/23/12 at 7:36pm
Quote:
Originally Posted by TheSugarLab

Thanks everyone! So I'm assuming this would also apply to an Angry Birds cake. I've seen a few on here (even on on the Tutorial). I really want to do one for my niece's birthday, especially after she saw the sketch of it. Do you think I could do it and be ok?



Just ask for permission. They might give it to you. Why are you even asking HERE?

http://www.destructoid.com/copyright-infringement-is-alright-with-angry-birds-214939.phtml
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post #9 of 13
5/23/12 at 9:33pm
Quote:
Originally Posted by vpJane

Quote:
Originally Posted by TheSugarLab

Thanks everyone! So I'm assuming this would also apply to an Angry Birds cake. I've seen a few on here (even on on the Tutorial). I really want to do one for my niece's birthday, especially after she saw the sketch of it. Do you think I could do it and be ok?



Just ask for permission. They might give it to you. Why are you even asking HERE?

http://www.destructoid.com/copyright-infringement-is-alright-with-angry-birds-214939.phtml



Why not ask HERE? Isn't this what the forum is for?
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post #10 of 13
5/23/12 at 9:37pm
Thread Starter 
Well I mainly asked on here to see if anyone had any experience making a cake with licensed characters or had a request to do so and how they handled it.

http://www.thesugarlab.net
http://www.facebook.com/AlisSugarLab
 

For the love of science and baking

Birthday Cakes
(6 photos)
  
Reply

http://www.thesugarlab.net
http://www.facebook.com/AlisSugarLab
 

For the love of science and baking

Birthday Cakes
(6 photos)
  
Reply
post #11 of 13
5/24/12 at 8:02am
I mean, really, just go to the sources and ask. Some of the people here who will tell you it's illegal are not lawyers or employees of the companies that MIGHT grant you permission if you ask.

Read the last post on this other thread, by ANDaniels, for an example. Don't let any unauthorized person tell you here what you can do and what you can't do. Lots of people have gotten permission to do angry birds cakes for their family.

http://CakeCentral.com/modules.php?name=Forums&file=viewtopic&p=7291551#7291551
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post #12 of 13
5/24/12 at 8:13am
Definitely make it a practice to go directly to the source and ask. That being said, I have also heard that the creators of Angry Birds actually encourage any and all use of their characters - - it's free advertising. So they would probably say yes without a problem.
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post #13 of 13
5/24/12 at 8:54am
Quote:
Originally Posted by vpJane

I mean, really, just go to the sources and ask. Some of the people here who will tell you it's illegal are not lawyers or employees of the companies that MIGHT grant you permission if you ask.


It's illegal if you are copying a copyrighted work AND you do not have permission from the copyright owner. If the work is public domain or you have permission, you should be OK.

You can contact the makers of Angry Birds here:
http://www.rovio.com/en/about-us/contact

Quote:
Quote:

Read the last post on this other thread, by ANDaniels, for an example.


In that example, permission was granted by the person managing the company's Facebook site. To be safe you should really have permission come from the legal department or someone you can verify actually has the authority to grant permission.
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My experimental blog: The Bakery Business Perspective
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