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JASON, Helllppp! - Page 2

post #16 of 38
Quote:
Originally Posted by jason_kraft View Post

It's still considered infringement if you don't have permission and you could still get into trouble if the copyright owner finds out about it, but as long as a picture of the cake is not posted publicly the risk of getting caught is very low.[/quote

Thank you Jason this is what I was going to ask. I only bake for my family for free(this is my gift to them). I also do cakes for free for a charity that provides free birthday cakes for kids that may never get a cake, such as foster kids or kids in shelters. I now know that if it is a liscenced character to get permission as I would have no control on any pictures taken or where they would be posted.
post #17 of 38
Jason, i'm still considered new on this site But i have heard a lot about you. I hear if there's a question then Jason will know or find the answer. Lol i have tons of questions about what I'm aloud to do and things of that nature for making cakes, chocolates and other sweets. I live in Columbus Ohio and i don't even know where to start. All i know is i love baking and decorating and everyone said i'm great at it. But i am not very good at computers and stuff.what do i do??
post #18 of 38
Quote:
Originally Posted by brendajarmusz View Post

Jason, i'm still considered new on this site But i have heard a lot about you. I hear if there's a question then Jason will know or find the answer. Lol i have tons of questions about what I'm aloud to do and things of that nature for making cakes, chocolates and other sweets. I live in Columbus Ohio and i don't even know where to start. All i know is i love baking and decorating and everyone said i'm great at it. But i am not very good at computers and stuff.what do i do??

Click the Starting a Business link in my signature below and look at all the steps that are involved in becoming an entrepreneur. If you are missing one or more of the skills needed to complete that list, you need to acquire those skills yourself, find a friend or family member who can help, or hire someone.
post #19 of 38

Okay, I got a hold of Wildbrain Entertainment and they are a-okay with people doing Yo Gabba Gabba cakes! She said that they even encourage it and welcome fans to post their cakes to their pinterest page. The only time they have a problem with it is if a chain bakery were to do it. WalMart, Safeway? I even asked if it was okay for me to post the cake to my website. She asked if it would be the only cake that would be posted... I said that it would be among other pictures of my other cakes. Okay on that too! Yay icon_biggrin.gif

post #20 of 38
Quote:
Originally Posted by experimenting View Post

Okay, I got a hold of Wildbrain Entertainment and they are a-okay with people doing Yo Gabba Gabba cakes! She said that they even encourage it and welcome fans to post their cakes to their pinterest page. The only time they have a problem with it is if a chain bakery were to do it. WalMart, Safeway? I even asked if it was okay for me to post the cake to my website. She asked if it would be the only cake that would be posted... I said that it would be among other pictures of my other cakes. Okay on that too! Yay icon_biggrin.gif

Awesome! Thank you so much for letting us know. Can you tell us whom to contact to request permission. Any of us that want to do one will need written permission.

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply
post #21 of 38

I did not get written permission. I talked to them over the phone. They said they encourage people to do them and post them to their pinterest page... so, it's not a one time permission... Do I need to get written permission?

post #22 of 38
Quote:
Originally Posted by experimenting View Post

I did not get written permission. I talked to them over the phone. They said they encourage people to do them and post them to their pinterest page... so, it's not a one time permission... Do I need to get written permission?

I would get written permission, just to make sure the person who gave you permission on the phone actually has authority to do so, and so you have something to refer to in case there is a problem.
post #23 of 38

Ok. Thanks!

post #24 of 38
Quote:
Originally Posted by experimenting View Post

Thanks for the tip Jason! I will give them a call then.

 

Who said I wasn't going to sell it to him? icon_lol.gif

icon_biggrin.gif

post #25 of 38
You can't get into trouble for making a licensed cake for your child. *groan*.
Plank.
Reply
Plank.
Reply
post #26 of 38

From Cake Boss "4. If I can’t sell products bearing these images, is it ok if I make them for free for my kids or friends and family?
This is a trickier question. Trademark law generally is not implicated if there is no use in commerce, i.e., use in connection with a sale or distribution to the general public. But copyright law protects against copying, so copying an image or using it as the basis for a derivative work would violate the owner’s copyrights. Both statutes protect the “fair use” of a trademark or image – which is why Andy Warhol can paint Cambell’s Soup cans without its permission. Such use is artistic, not commercial. However, fair use generally would not enable a cake designer to sell cakes displaying a trademark or an artist’s image without the right’s owner’s permission. Use in the home or as a gift for a friend is much more defensible as fair use. For practical purposes, the rights owners aren’t going to know about such use – or even care. They are much more concerned with widespread use in the open for a profit.      "  

 

post #27 of 38

I'm going to play it safe. Even though my cake will be for my son and won't be for sale (per se icon_wink.gif), I will be posting pics of it to my website and fb business page as samples of my work that I've done, and work I can do.

post #28 of 38

Well post pics when you are done!

post #29 of 38

It's not for another 2 weeks. I will post the pics, but only if the cake turns out good icon_biggrin.gif

post #30 of 38

I actually heard back from the person in charge of licensing, Erin Dippold, at Wild Brain Entertainment via email. She said that I can do a Yo Gabba Gabba cake for personal use and even encourage fans to post pics on their facebook page.  It would be okay for me to post pics on my business page as representation of my work/talent...  However, she couldn't grant permission for me to market and sell the cake. Good thing I called back and asked for written permission! Thanks again Jason! The person I spoke to over the phone the first time did NOT have the authority to grant permission icon_mad.gif Lesson learned on my part, I guess!

 

It's all for the best anyway. My cake was a bit of a disaster. I traveled to southern California where we were having my son's party. My original plan was to make ganache since I knew it would be quite warm and the party was going to be outside at the park. I did not have enough time to have my ganache set up (I even had my sister bake the cake before I got there), so I made buttercream instead. I was to make the cake at my sister's house. We didn't learn until we got there that her AC was out icon_surprised.gif And it was hot! Yeah. By the time we brought the cake to the park, my bc was kind of mush. It was beautiful until I started the decorating. The fondant went on great, but the bc started softening soon after. My edges were super round (they were nice and sharp when I started) and the bc just kind of melted towards the bottom of the cake making a bulge all around the bottom edge icon_cry.gif Luckily, all the kids seemed impressed still, including my son, which is what mattered the most that day. I will not be posting pictures though icon_redface.gif

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