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copyright question.

post #1 of 7
Thread Starter 
If you make a cake of a copyrighted character to eat by yourself at home or for a family party? Is it illegal if you put it in your portfolio?
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post #2 of 7
If you don't have permission, it is still considered copyright infringement even if you just make the cake for yourself or for family, but from a practical perspective there is virtually no risk of getting caught as long as you don't publicly post a picture of the cake.
post #3 of 7
Thread Starter 
I thought it only mattered if you benefited monetarily.
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post #4 of 7
If the infringement was for commercial use the civil penalties (which covers non-commercial use) can be bumped up to criminal penalties.

http://www.copyright.gov/title17/92chap5.html
post #5 of 7
Thread Starter 
Your sentence has me dizzy. So if your infringement was for commercial or non commercial use? Basically it doesn't matter if it is for commercial use?
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post #6 of 7
Thread Starter 
Oh I get it lol. Thanks for the info Jason
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post #7 of 7
Quote:
Originally Posted by kaylawaylalayla View Post

Your sentence has me dizzy. So if your infringement was for commercial or non commercial use? Basically it doesn't matter if it is for commercial use?

If the infringement is for non-commercial use, you could be liable for civil penalties ($750 - $30,000 per infringement), but if it is for commercial use you could potentially face both civil and criminal penalties (which may include jail time based on the law linked below).

http://codes.lp.findlaw.com/uscode/18/I/113/2319

Of course it is extremely unlikely that anyone would face criminal charges for selling a few infringing cakes, but the US code does allow for this penalty if the victim of infringement has the desire to pursue a case.
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