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For those that sell Disney, Hello Kitty, and other Copyrighted Cakes - Page 2

post #16 of 42
Thread Starter 
Quote:
Originally Posted by AZCouture View Post

Hrumpf! I have a ban against them myself, a personal kebosh if you will, I won't say it outside of here, but they are so dang boring and soul sucking and I am GLAD I have the copyright excuse to use to avoid doing them. If others want to cut out a million Minnie mouse ears and make 20 Hello Kitty head cakes every weekend, go for it. I ain't "cakes by Xerox".icon_rolleyes.gif

THIS^^ I completely agree, which is partially why I haven't done any (other than the Angry Birds cake I made for my niece). Some of the designs are boring and played out, but others could be really cool. 

 

Thank you everyone for your input. It was something that was bothering me one day. I'll stick to how I have been doing things!

Birthday Cakes
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Birthday Cakes
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post #17 of 42
Quote:
Originally Posted by shawngerber View Post

 

 

Really this has been discussed to death. To many people they think yes there is a law against it but to them it is not morally wrong and rarely enforced so why obey it? Other rational may be these are large corporations that are making huge sums of money, I make the cake, frost the cake decorating is sometimes a fraction of the entire cake cake so why not if somebody else is going to do it if I turn this order down. Or people think well the corporations aren't making anything close to this copyright product so why not, I'm not selling figures, t-shirts or the like so I am not really taking away revenue from them, I may even be helping because without the cake they may decide not to do that themed party and not buy all the legitimate good around it. My personal philosophy I try to incorporate actual licensed products in the decorations and make the cake a background, but if the customer will go somewhere else if I don't I take the order.

LOLOLOL!  I love this image...heehee

post #18 of 42

I have done several character cakes, mostly because kids love them.   To that end though, I have never sold a character cake nor advertised that I sell cakes at all.  I do take photos.  I pour a lot of effort into any cake I do.   

I would love to be "good" enough to command money for my work, but I kknow that I am a ways away from that. (From both a technical aspect and a business mindset aspect) 

 

While thinking of this, I thought of the tattoo industry...people get character tattoos ALL the time.  Tattoos are pretty permanent. (And can cost the same as a cake with just as much work going into it!). I wonder why they aren't getting popped left and right, but a little edible cake that will be

gone in a day is such an issue.   

 

Just a thought :)

post #19 of 42
Quote:
Originally Posted by mccantsbakes View Post

While thinking of this, I thought of the tattoo industry...people get character tattoos ALL the time.  Tattoos are pretty permanent. (And can cost the same as a cake with just as much work going into it!). I wonder why they aren't getting popped left and right, but a little edible cake that will be
gone in a day is such an issue.
Tattoo artists are not exempt from copyright infringement...if a tattoo artist uses a copyrighted character without permission, just as with a small bakery owner the tattoo artist is probably either unaware of copyright protections or thinks he or she won't get caught.
post #20 of 42

Jason, 

 

I figured that they are measured by the same criteria.   Copyright infringing is bad bad bad.   If/when I ever do make the step from hobbyist to professional, I can assure you that there will NOT be any rule breaking from this baker!   I have a very strong authority respect/fear.   I haven't even had so much as a parking ticket....I am too poor to pay hefty fines and orange jumpsuits aren't my color! 

 

Btw Jason, thank you so much for your insight on all of these threads.  You are beyond knowledgable and very concise.    I appreciate reading your advice.   Don't know why you get razzed as often as you do.   

 

 

 

Heather 

post #21 of 42
Beating a dead horse or not, I appreciate it being discussed.
I get requests for character cakes every week, and since I won't do them, I'm losing business to the next person who doesn't care. And I am so tired of having to explain to yet another request for one, only to go on Facebook and see very well known cakers who make wonderfully neat and amazing character cakes, and do so knowing they are infringing on copyright.
It makes me crazy.
My husband is an attorney, and yes cakers are getting sued.
But even if they weren't, if Disney et all were looking the other way and DID'NT have their attack dogs on the prowl to seek out copyright infringers, (which they do), as long as it's illegal, I won't do it. How hypocritical of us as cakers to get all up in arms about someone stealing our cake photos or designs and calling it their own, and then the next day making Mickey?
I homeschool because I don't believe in the mass production of human beings.
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I homeschool because I don't believe in the mass production of human beings.
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post #22 of 42
I'm responding to the"Mickey Mouse"delima. As a Christian I agree with the desire to obey the law yet serve your customer and not loose business...or freedom! I had the privilege to be a juror on a copyright enfrigement case a few years back. Whst I learned was that as long as you do not make the character (s) EXACTLYas Disney or Marvel or whomever owns the rights you are not in breech of copyright laws. Its best to stress that with your customer that it will resemble the chsracter requested but will have your "twist" or "interpretation" and that you have to do itthat way because of copyright laws. Reassure them though that it will be reconizable. The only other way to do this and satisfy your conscious and the law as well as the customer is to buy the Deco Kits. Hopefully they have a liscense but at least your "hands are clean". I appreciate you bringing this up. It would be interesting to see if some of the Big Chain Stores-Wgmans, Harris Teeters, Giant, follow copyright rules!
post #23 of 42
Quote:
Originally Posted by owlgirl62 View Post

Whst I learned was that as long as you do not make the character (s) EXACTLYas Disney or Marvel or whomever owns the rights you are not in breech of copyright laws. Its best to stress that with your customer that it will resemble the chsracter requested but will have your "twist" or "interpretation" and that you have to do itthat way because of copyright laws. Reassure them though that it will be reconizable.

It sounds like you are talking about copyright protection for derivative works, which is an original expressive creation that includes an existing copyrighted work. I would be very careful about relying on this argument if you use someone else's copyrighted character and make a small change to it.

Fair use protection for derivative work depends largely on transformativeness, meaning that new insight is granted to viewers of the work based on your changes (e.g. parody). If your primary goal is to change the underlying work just enough to circumvent said work's copyright you are treading on very dangerous ground.

The other thing to note is that arguing about your fair use rights would require proceeding to a trial and spending a lot of money for a legal defense against a team of lawyers funded by a very large company.

http://en.wikipedia.org/wiki/Derivative_work
post #24 of 42
It's the people who are doing "derivative" versions that are the first to be looked at by those looking to protect their copyright. It's those who "twist" or do an "interpretation" of the characters who in the most danger. "Mickey" put into a, uh, compromising position with maybe a different shirt on, or none at all, for example, but still definitely meaning to be Mickey, are one of the reasons the law is there. To not only protect someone else's artwork but also to protect the integrity of their character.
I homeschool because I don't believe in the mass production of human beings.
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I homeschool because I don't believe in the mass production of human beings.
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post #25 of 42
Quote:
Originally Posted by owlgirl62 View Post

 I appreciate you bringing this up. It would be interesting to see if some of the Big Chain Stores-Wgmans, Harris Teeters, Giant, follow copyright rules!

 

They do.  They only use the licensed Deco Pak add ons.  I'd be surprised if you found one that didn't follow these rules.

 

Liz

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post #26 of 42
Its probably not a popular opinion, but I think big companies like disney should just allow it. I get it, its there property. But its not like they have bakeries that are offering these products. What would it hurt them
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post #27 of 42
That's why they provide toppers and such for cakes. They actually are in the cake business.
And, being a business, why would they want any potential money to pass them by, after years of development on their products.
post #28 of 42
The idea is that if they ever do want to get into that business, they won't have any competition. Or they can license out the rights if someone offers them enough for it.
elsewhere.
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elsewhere.
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post #29 of 42
Disney has their own high-end cake decorating division at their resorts in Florida, California, and Hawaii as well as on their cruise ships:
http://disneyweddings.disney.go.com/weddings/florida/design-studio/cakes/detail
https://disneyworld.disney.go.com/celebrations/customizations/

They make most of their money from licensing IP, for cake decorating supplies much of that probably comes from DecoPac. In 2010 they earned $28B from licensing out of total revenue of $38B. Without this licensing income they would lose 75% of their revenue (and an even higher percentage of their profits). Disney has 156,000 employees so this could result in 100,000+ people losing their jobs.
post #30 of 42
I understand what you're saying and I retract my statement. But I disagree with the implication that most of their liscensing revenue comes from cake or cake products. I imagine that cake is a very small percentage of that 75% .
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Hey everybody! Check out google.com ! This is clearly an attempt to direct traffic onto that site and away from cake central. Because everyone knows you can only have one browser open!
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