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Is this treading too lightly??? Copyright/trademark question - Page 2

post #16 of 24
[quote="vtcake"][quote="carmijok"]
Quote:
Originally Posted by vtcake




If your 'oh brother' was to me, I don't get it. I certainly don't think she will get into trouble for copying butterfly wings. What I am saying is if I had (and I said I as in ME) a copyright question, I wouldn't put it out on a public forum where my words could be used against me. And the remark 'you can't copyright a Monarch's color scheme' wasn't meant to refer to the OP as 'you'. I meant "NO ONE" can copyright a Monarch's color scheme, therefore the OP should do what she wants and feel safe.



It wasn't aimed at you entirely...I'm saying everyone needs to lighten up on this post. Your comment that what she said could be 'used against her' was, I thought, a bit much. Just because the OP mentioned her 'loose interpretation of Barbie Maraposa wings' in a public forum does not mean the food police would seize her laptop. (I exaggerate but not much).

And where else could she turn to for information regarding this subject if not a cake forum? Blakescakes and kakeladi both had good and correct answers to her question. It's the ones that nit-pick this thing to death that I get tired of.

I'm really amazed at how everyone's so afraid of being sued that the mere thought of butterfly wings on a cake could spark a discussion of copyright infringement at all. Or the misinformation and scare tactics that go into these posts when you're talking about home bakers who bake the occasional Barbie cake for their family!

Someone show me where a mom got sued and had to pay a fine because she baked a character cake for her kid...then maybe I'll quit rolling my eyes. That's all! And to the OP...go for it. It's a cool cake.

If I am ever on life support, unplug me...

Then plug me back in.  See if that works!

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If I am ever on life support, unplug me...

Then plug me back in.  See if that works!

Reply
post #17 of 24
My post was concerning the fact that it is so similar. If you are really worried about it, why not take out all of the if's and just make it less similar.

If I had known the movie and then had seen this cake, I would have been able to know exactly who the character was supposed to be.

We can debate, and of course, this is one of the more loosely adaptations, but why not just make it a little more different and get a good night's sleep. The OP had enough concern that she started a thread. A few more adjustments and there is no grey area left.

Tinkerbell is not copyrighted/trademarked. But Disney's is. Just like the Mad Hatter's hat.
post #18 of 24
I'm with carmijok...I cannot even believe that this would even be an issue! There are so many more things to worry about in life! My eyes are rolling as well!
post #19 of 24
Quote:
Originally Posted by Elbow642

I'm with carmijok...I cannot even believe that this would even be an issue! There are so many more things to worry about in life! My eyes are rolling as well!



Get used to it. That's CC- Always making a mountain out of a molehill. icon_rolleyes.gif
Before you ask- I'm licensed, inspected, insured, and all that jazz.
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Before you ask- I'm licensed, inspected, insured, and all that jazz.
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post #20 of 24
I agree, it is absurd that we have to worry about such things, and this is a great place to come for feedback and information.

Maybe I've watched too many Law & Order shows....they always are able to track down incriminating things people have posted on the internet!
post #21 of 24
Quote:
Originally Posted by vtcake



Maybe I've watched too many Law & Order shows....they always are able to track down incriminating things people have posted on the internet!



In the old days the detective shows with bad writing always depended on the perpetrator admitting what they did.
post #22 of 24
Wouldn't the whole copyright issue be avoided if the OP is using an actual Barbie doll for the cake and the image in question is Barbie Mariposa? The same as if you purchased Spongebob figures, Spiderman figures, etc., to put on a cake? That's how I understand it based on what I've read but feel free to correct me if I'm wrong. Or does it make a difference whether she uses a different Barbie she purchased (say Barbie in a swimsuit, ballerina Barbie, teacher Barbie, etc.) and makes the fondant clothing as opposed to using the purchased fully dressed actual Barbie Mariposa since they are all made by Mattel?
post #23 of 24
Quote:
Originally Posted by CreativeCakesbyMichelle

Wouldn't the whole copyright issue be avoided if the OP is using an actual Barbie doll for the cake and the image in question is Barbie Mariposa? The same as if you purchased Spongebob figures, Spiderman figures, etc., to put on a cake? That's how I understand it based on what I've read but feel free to correct me if I'm wrong.


You're correct that because the cake uses an actual doll there is no copyright issue in that respect, if the cake had a picture of Barbie created in BC or fondant that would be infringement if permission was not granted.

The question here is about the wings. You can't copyright generic butterfly wings, but the exact design from the doll or the movie would still be protected. The consensus here is that the wings on the cake pictured are different enough from Mattel's wing design to be safe.
post #24 of 24
Quote:
Originally Posted by jason_kraft

Quote:
Originally Posted by CreativeCakesbyMichelle

Wouldn't the whole copyright issue be avoided if the OP is using an actual Barbie doll for the cake and the image in question is Barbie Mariposa? The same as if you purchased Spongebob figures, Spiderman figures, etc., to put on a cake? That's how I understand it based on what I've read but feel free to correct me if I'm wrong.


You're correct that because the cake uses an actual doll there is no copyright issue in that respect, if the cake had a picture of Barbie created in BC or fondant that would be infringement if permission was not granted.

The question here is about the wings. You can't copyright generic butterfly wings, but the exact design from the doll or the movie would still be protected. The consensus here is that the wings on the cake pictured are different enough from Mattel's wing design to be safe.



Ok, that makes sense. Thanks for clarifying!
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