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Is it ok? - Page 2

post #16 of 21
8/14/12 at 2:28pm
Quote:
Originally Posted by AKS

For as many reasons they can say C&D, you can show that this is not exactly the same.


Showing that your cake is not exactly the same is not a defense against infringement, if it is similar enough to be recognizable. With the ears, the bow, and the polka dots there's no doubt it's supposed to be Minnie Mouse. And if a minor change would be enough to avoid even having to deal with a C&D in the first place, that seems like an easy decision to me.
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Recent Articles: The Magic Pricing Formula • Copyright Law
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post #17 of 21
8/14/12 at 2:46pm
Soooo, this topic, as many times as it has been discussed never supplies an answer to the question: What CAN you do?

Well, at least I haven't read any posts that address what you CAN do. I'm gathering that you CAN purchase from a store like Walmart or a party store a disney toy or disney sugar candies to add or embellish. By purchasing these toys or sugar candies or anything else that's a copyright protected image...you are in essence purchasing the right to use it? Is this right?

Sooooo, if I make a pink, black, and white cake with polka dots and ruffles....and bows...AND THEN, add some sort of purchased minnie item - - - I'm okay?

Same question with that Thomas Train cartoon & the Cars movie. (I'm not up on the latest characters) Cakes can be made in complimenting colors and perhaps train tracks and a race car theme.....but the ACTUAL character must be purchased and then added?

Are those scenarios okay?
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post #18 of 21
8/14/12 at 2:55pm
If you buy any licensed product, you are free to resell that product by itself or on top of a cake. So neither of the scenarios you mentioned would be infringing.

Copyright only restricts what you can do with copies made without permission.
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Recent Articles: The Magic Pricing Formula • Copyright Law
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Recent Articles: The Magic Pricing Formula • Copyright Law
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post #19 of 21
8/14/12 at 3:06pm
Just because I say it's deplorable that we're living in a litigious era where greed trumps creativity, doesn't mean you should not err on the side of caution.
James H. H. Lampert
Professional Dilettante
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James H. H. Lampert
Professional Dilettante
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post #20 of 21
8/14/12 at 3:14pm
I was taught at an ICES show that if a child can point to a cake and name the copyrighted character, you are in violation and can be sued. And what is the first thing that pops into your mind when you see the picture - yup, Mickey.
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post #21 of 21
8/14/12 at 11:07pm
One thing I keep seeing is that people think if they're not selling the cakes for profit, it's okay. It's not. Infringement is infringement. Disney doesn't care if you made any money on a cake or not - - if they didn't, it's infringement.
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