Featured Sponsors
Recent Reviews
-
I have used 3 sets of these for many years and wish I had more. Although the newer designs are like 1 board with 3 different "waves" in it...this older model with its design is much...
-
I always have some of the White in my pantry for those days when the grandkids are over and want to make something. I have many of the other colors...but sometimes the kiddos want to make their...
-
Part 1 of 2 Custom Cupcake Wrappers are an easy way to add a special touch to a party. I like to use them for baby showers because I can put the name of the family on the wrapper. And no...
-
I have all of the Wilton molds in this line and love them. Just very lightly dust and go.
-
I live in MO in the summer and TX in the winter. Both of my kitchens have the pro mixer. I absolutely love both of my pro Kitchen Aids. Very sturdy and wonderful for breadmking. I still wish that...
Is it ok?
post #2 of 21
8/13/12 at 1:19pm
- jason_kraft
- Trader Feedback: 0
-
- offline
- 6,548 Posts. Joined 7/2010
- Location: Orange County, California
- Select All Posts By This User
IMO it should be OK if you take the mouse ears off.
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
post #3 of 21
8/13/12 at 1:36pm
post #4 of 21
8/13/12 at 1:39pm
- jason_kraft
- Trader Feedback: 0
-
- offline
- 6,548 Posts. Joined 7/2010
- Location: Orange County, California
- Select All Posts By This User
Look at that cake by itself and the first thing most people will think is "Minnie Mouse". That's not a good sign if you're trying to avoid infringement.
But then I tend to be more conservative and err on the side of caution when it comes to copyright infringement, especially if the cake can be easily modified with little or no impact on the quality of the design.
But then I tend to be more conservative and err on the side of caution when it comes to copyright infringement, especially if the cake can be easily modified with little or no impact on the quality of the design.
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
post #5 of 21
8/13/12 at 1:47pm
- KHalstead
- Trader Feedback: 0
-
- offline
- 9,531 Posts. Joined 12/2005
- Location: Northeastern Ohio
- Select All Posts By This User
Disney is not the company you want to be messing with over copyrights!! I personally live in a town of 15000 people and personally know 2 cake decorators (home hobbyists that started to sell cakes) that have been contacted by Disney with a cease and disist order that threatened to haul them to court at the tune of 2.5 million per cake sold with any of their copyrighted materials...and this included the two black circles on top of a cake...I would stear clear of it!!
There are ways around this...you can tell your customer you can do all but the two black circles and they can get to black circles of their own to add, or a Disney toy.
There are ways around this...you can tell your customer you can do all but the two black circles and they can get to black circles of their own to add, or a Disney toy.
God's Word will either keep you from sin;
or sin will keep you from God's Word.
or sin will keep you from God's Word.
God's Word will either keep you from sin;
or sin will keep you from God's Word.
or sin will keep you from God's Word.
post #6 of 21
8/13/12 at 2:29pm
Quote:
Originally Posted by KHalstead
Disney is not the company you want to be messing with over copyrights!! I personally live in a town of 15000 people and personally know 2 cake decorators (home hobbyists that started to sell cakes) that have been contacted by Disney with a cease and disist order that threatened to haul them to court at the tune of 2.5 million per cake sold with any of their copyrighted materials...and this included the two black circles on top of a cake...I would stear clear of it!!
There are ways around this...you can tell your customer you can do all but the two black circles and they can get to black circles of their own to add, or a Disney toy.
Disney is not the company you want to be messing with over copyrights!! I personally live in a town of 15000 people and personally know 2 cake decorators (home hobbyists that started to sell cakes) that have been contacted by Disney with a cease and disist order that threatened to haul them to court at the tune of 2.5 million per cake sold with any of their copyrighted materials...and this included the two black circles on top of a cake...I would stear clear of it!!
There are ways around this...you can tell your customer you can do all but the two black circles and they can get to black circles of their own to add, or a Disney toy.
You know two that have been contacted. Do you know any that have been sued? They can sue, but it would be a losing proposition. They can win, but in certain states they can't garnish your wages or take your house so they are suing if you voluntarily want to pay them. In most cases only the government can take away your home or garnish your wages for money that is owed to them. Plus it would be more damaging press to know that they are taking away someone's home. It's just bully tactics when black circles are concerned. All they can do is try to scare you.
post #7 of 21
8/13/12 at 2:35pm
- jason_kraft
- Trader Feedback: 0
-
- offline
- 6,548 Posts. Joined 7/2010
- Location: Orange County, California
- Select All Posts By This User
Quote:
Originally Posted by SoFloGuy
You know two that have been contacted. Do you know any that have been sued? They can sue, but it would be a losing proposition.
You know two that have been contacted. Do you know any that have been sued? They can sue, but it would be a losing proposition.
Considering the size of Disney's legal team I'm not sure how accurate that statement is.
Quote:
Quote:
They can win, but in certain states they can't garnish your wages or take your house so they are suing if you voluntarily want to pay them.
They can win, but in certain states they can't garnish your wages or take your house so they are suing if you voluntarily want to pay them.
If you lose a judgment, they will send debt collectors after you to trash your credit. The vast majority of the time these cases are settled out of court anyway due to high legal expenses on both sides.
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
post #8 of 21
8/13/12 at 2:48pm
Quote:
Originally Posted by jason_kraft
Considering the size of Disney's legal team I'm not sure how accurate that statement is.
If you lose a judgment, they will send debt collectors after you to trash your credit. The vast majority of the time these cases are settled out of court anyway due to high legal expenses on both sides.
Quote:
Originally Posted by SoFloGuy
You know two that have been contacted. Do you know any that have been sued? They can sue, but it would be a losing proposition.
You know two that have been contacted. Do you know any that have been sued? They can sue, but it would be a losing proposition.
Considering the size of Disney's legal team I'm not sure how accurate that statement is.
Quote:
Quote:
They can win, but in certain states they can't garnish your wages or take your house so they are suing if you voluntarily want to pay them.
They can win, but in certain states they can't garnish your wages or take your house so they are suing if you voluntarily want to pay them.
If you lose a judgment, they will send debt collectors after you to trash your credit. The vast majority of the time these cases are settled out of court anyway due to high legal expenses on both sides.
They don't want to sue you, they want to scare you. Even if you do have the legal right to use two black circles on your cake they will tell you that you can't. It's not illegal for them to threaten you with a lawsuit.
post #9 of 21
8/13/12 at 3:02pm
- jason_kraft
- Trader Feedback: 0
-
- offline
- 6,548 Posts. Joined 7/2010
- Location: Orange County, California
- Select All Posts By This User
Quote:
Originally Posted by SoFloGuy
They don't want to sue you, they want to scare you. Even if you do have the legal right to use two black circles on your cake they will tell you that you can't. It's not illegal for them to threaten you with a lawsuit.
They don't want to sue you, they want to scare you. Even if you do have the legal right to use two black circles on your cake they will tell you that you can't. It's not illegal for them to threaten you with a lawsuit.
I don't see how that's relevant. If you make something that looks too much like a copyrighted Disney character, you run the risk of Disney coming after you with a C&D or worse. If you're OK with this risk, then you don't have to worry, but if you want to avoid it you are better off erring on the side of caution.
In any case, ignoring a C&D or legal threat is not a viable strategy when it comes from a multi-billion-dollar conglomerate.
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
post #11 of 21
8/13/12 at 8:11pm
Back in 1934, when Hal Roach, Laurel and Hardy, et al., included a cameo by a recognizable Mickey Mouse puppet in their version of Babes in Toyland, it was considered flattery. Now it's infringement. We live in far too greedy a society these days.
James H. H. Lampert
Professional Dilettante
Professional Dilettante
James H. H. Lampert
Professional Dilettante
Professional Dilettante
post #12 of 21
8/13/12 at 8:21pm
- jason_kraft
- Trader Feedback: 0
-
- offline
- 6,548 Posts. Joined 7/2010
- Location: Orange County, California
- Select All Posts By This User
Quote:
Originally Posted by hbquikcomjamesl
Back in 1934, when Hal Roach, Laurel and Hardy, et al., included a cameo by a recognizable Mickey Mouse puppet in their version of Babes in Toyland, it was considered flattery. Now it's infringement. We live in far too greedy a society these days.
Back in 1934, when Hal Roach, Laurel and Hardy, et al., included a cameo by a recognizable Mickey Mouse puppet in their version of Babes in Toyland, it was considered flattery. Now it's infringement. We live in far too greedy a society these days.
Hal Roach (the producer of Babes in Toyland) and Walt Disney were apparently good friends, so they probably worked out a licensing arrangement. Also, Mickey Mouse in that movie was not a puppet, it was played by a small monkey.
http://ryanmccormickfilmhistory.blogspot.com/2012/01/babes-in-toyland-1934.html
If you were good friends with Robert Iger (the current CEO of Disney) you'd probably have a much easier time getting a license.
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
.
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
The Bakery Business Perspective
An experimental blog with new content every Tuesday!
Recent Articles: The Magic Pricing Formula • Copyright Law
post #13 of 21
8/13/12 at 9:08pm
I stand corrected on the monkey, and thank you. But my point is that things that would have been laughed off some 50-80 years ago are now taken entirely too seriously. And I speak as one who both produces and consumes intellectual property.
James H. H. Lampert
Professional Dilettante
Professional Dilettante
James H. H. Lampert
Professional Dilettante
Professional Dilettante
post #14 of 21
8/14/12 at 12:17am
You don't want to mess with Disney. If you are making it for your family and not charging money it's ok but when you are making a profit it's a different story. If you can look at the cake and Minney Mouse or Mickey comes to mind then yes it's infringement or copyright. If you make a Mickey Mouse and change his eye color and slap a bow on his head people still know he's Mickey Mouse.
post #15 of 21
8/14/12 at 2:20pm
I think it is OK because it IS just 2 black circles and a bow. Now if those circles were connected like the Disney logo, I think that would be a different story. Have you ever seen on Disney channel when a Disney star would take a wand and make a circle with a line and then another circle a la Mickey's head and ears? That would be an infringement IMO. In addition, the cake is pink and not red. For as many reasons they can say C&D, you can show that this is not exactly the same. Is coke the same as pepsi? No because they change around a few of the ingredients. The ears and the colors are clearly different on the OPs posted cake from the traditional Minnie. JMHO.
Return Home
Back to Forum: Cake Decorating
- Is it ok?
Currently, there are 1226 Active Users
(39 Members and 1187 Guests)
Recent Discussions
- › Jason should make a "Cake law book" 5 minutes ago
- › things NOT to ask/say to a baker! 12 minutes ago
- › Do you give out your cake recipes? 14 minutes ago
- › Canadian decorators, Bulk Barn Shortening 18 minutes ago
- › Cake v. Cupcake Recipes 21 minutes ago
- › i'm devasted... 22 minutes ago
- › Getting tagged on other peoples cakes 24 minutes ago
- › dry cakes 25 minutes ago
- › HELP! Gourmet flavors???? 1 hour, 2 minutes ago
- › How many servings - I know - AGAIN! 1 hour, 6 minutes ago
View: New Posts | All Discussions
Recent Reviews
- › Wilton Flower Former Set by MsNeuropil
- › Wilton White Candy Melts, 12-Ounce by MsNeuropil
- › Cupcake Wrapper Creator by maritzausa
- › Wilton Fondant and Gum Paste Silicone Mold, Kids Party by crazygrammie
- › Kitchen Aid Brand Professional 610 Stand Mixer by GaMa Marge
- › Wilton Diamonds Texture Press by lisamartin205
- › Oster Inspire 2529 6-Speed Hand Mixer with Storage Case by Buzzardbait1950
- › Wilton Towering Tiers Cake Stand by kovacstracey
- › Jonas Baker's Mate Collapsible Cooling Rack by Servelan
- › Wilton Decorate Smart Ultimate Trim-N-Turn Cake Caddy by Aunt Tillty
View: More Reviews
New Articles
- › HOW TO MAKE A CROWN USING A WILTON BAROQUE MOLD by al-tomczak
- › Best White Chocolate Cream Cheese Frosting by Sarahoza
- › Edible stamens for cupcake flowers by sweettooth101
- › Yoda Star Wars Cookies by sugarkissed_net
- › Easy Papaya Cutout Flowers by marya92
- › Stained Glass Effect Cake Tutorial by Tashastasytreats
- › Deb Miller's Vanilla Marshmallow Fondant by debm1
- › How to bake a Curly Cookie by mamakaat
- › Lightning McQueen Cars Cake Topper Tutorial by Leascooking
- › How To Make Royal Icing (that won't dry... by sugarkissed_net
View: New Articles | All Articles
Home | Products | Forums | Articles | My Profile
About Cake Central | Join the Community | Advertise
© 2013 Cake Central is powered by Huddler Families | FAQ | Support | Privacy/TOS | Site Map
About Cake Central | Join the Community | Advertise
© 2013 Cake Central is powered by Huddler Families | FAQ | Support | Privacy/TOS | Site Map







