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tarheelgirl
Regular Member
Joined: Mar 23, 2008
Posts: 164
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 Posted:
Thu Nov 20, 2008 8:42 am |
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Does anyone know the rules on selling cakes with a certain sports team emblem on them? How about if you do a FBCT in lets say Batman? I have request all the time to do sports cakes with the sports symbol and I make them out of either a transfer, fondant or color flow. I seriously don't want to break any laws. I have state approved bakery that I run out of my home. |
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PinkZiab
Forum Addict
Joined: Feb 14, 2007
Posts: 912
Location: North Jersey
Birthday: Oct 29
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Thu Nov 20, 2008 8:46 am |
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Short answer: It is illegal to recreate any copyrighted image in your own medium and sell it for profit without the copyright holders express permission.
People still do it, but it IS copyright infringement, and therefore a risk. |
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tarheelgirl
Regular Member
Joined: Mar 23, 2008
Posts: 164
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Thu Nov 20, 2008 8:57 am |
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Yes, we all do it! hummm
Ok.. well, then what about people who sell hair bows and quilts with the same logos or characters?
Guess we are all doing risky business! |
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mbelgard
Forum SuperStar!
Joined: Oct 10, 2005
Posts: 2862
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Thu Nov 20, 2008 9:20 am |
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| tarheelgirl wrote: | Yes, we all do it! hummm
Ok.. well, then what about people who sell hair bows and quilts with the same logos or characters?
Guess we are all doing risky business! |
No we don't all do it. Alot of bakers offer cakes in a theme to match but not anything that they can get in trouble for.
As for people who sell hair bows or whatever with a logo on it that might depend on how they're doing it. If it's an image they purchased and sewed onto the item it could be perfectly legal. |
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tarheelgirl
Regular Member
Joined: Mar 23, 2008
Posts: 164
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Thu Nov 20, 2008 9:44 am |
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Sorry.. not accusing anyone of doing anything. I just know several people in my area that do it. Guess we are NOT all doing it..
As for the other items I listed.. they are also selling the products. Yes, they purchase the ribbon or items from the craft store and resell the product for a profit. |
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mellormom
Frequent Member
Joined: Jan 02, 2008
Posts: 459
Location: Saugus MA
Birthday: Nov 04
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Thu Nov 20, 2008 9:46 am |
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It's legal if you use an item that was allready made buy the company. Like a cake topper. It's is not legal to make a cake where you made the character.
Disney is really strict and will go after you know matter who you are. Even if your a home baker. They prosecute but usually just make you pay there legal fees which are $10,000. That would bankrupt me so I don't chance it.
If you are not selling the cake however you can do whatever you want. 
Jen... |
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Jamie85364
Frequent Member
Joined: Aug 16, 2008
Posts: 407
Gallery Supporter Member
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Thu Nov 20, 2008 9:47 am |
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I would never try to duplicate something that was intricate and copyrighted because I would probably screw it up! And then someone would say "well, that looks like crap!"
For the reselling ribbon thing...is the ribbon already imprinted with the trademarked image in question? Because if the person who is reselling it doesn't alter the product other than twisting it up and gluing on a clip....what's the problem? |
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tarheelgirl
Regular Member
Joined: Mar 23, 2008
Posts: 164
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Thu Nov 20, 2008 9:52 am |
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Yes, the ribbon is already imprinted. That is the difference there then!! I don't usually use plastic items on my cakes.. If I ever have in the past I never charge for it that is something someone provided for the cake topper to me. |
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Jamie85364
Frequent Member
Joined: Aug 16, 2008
Posts: 407
Gallery Supporter Member
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Thu Nov 20, 2008 10:31 am |
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That reminds me of the topic started by someone awhile back...why do you use plastic on your cakes? Don't you have more talent than that?? Geez...of course we do, it's a matter of not infringing on copyrights, or it's what the customer requested. |
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mbelgard
Forum SuperStar!
Joined: Oct 10, 2005
Posts: 2862
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Thu Nov 20, 2008 10:36 am |
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| Jamie85364 wrote: | | That reminds me of the topic started by someone awhile back...why do you use plastic on your cakes? Don't you have more talent than that?? Geez...of course we do, it's a matter of not infringing on copyrights, or it's what the customer requested. |
It also is something that kids often prefer. My own children will pick a toy that they can play with after over something made of gumpaste that's going to get tossed any day. |
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tarheelgirl
Regular Member
Joined: Mar 23, 2008
Posts: 164
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Thu Nov 20, 2008 11:14 am |
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The customer is always right! If they want a plastic figure/toy on the top then that is what they will get. |
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Melissa0567
Junior Member
Joined: Jul 25, 2008
Posts: 42
Location: Rome, Ga.
Birthday: May 04
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Thu Nov 20, 2008 11:30 am |
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so let me get this straight, if you make a cake and put batman, incredible hulk, spider man, etc. drawing on this cake for a customer it is illegal? Who are you suppose to get permission from to draw a picture of this image? |
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mellormom
Frequent Member
Joined: Jan 02, 2008
Posts: 459
Location: Saugus MA
Birthday: Nov 04
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Thu Nov 20, 2008 11:37 am |
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You have to get permission from the company. So to get permission for a Disney character you would have to contact Disney. It is not worth it though. It usually costs oodles to do this and I'm sure they don't give them out to just anyone.
Jen... |
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scrabblemomof1
Newbie
Joined: Aug 30, 2008
Posts: 18
Location: Westchester County, NY
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Thu Nov 20, 2008 11:45 am |
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I was asked to make a baby ruth cake for a co-worker. But I was thinking of changing the name on it to ie: "Babe Ruth" or "Bob Ruth" to reflect the persons name. I wonder if that counts? It's a good thing i'm doing this cake as a favor.  |
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tarheelgirl
Regular Member
Joined: Mar 23, 2008
Posts: 164
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Thu Nov 20, 2008 11:57 am |
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Honestly, when I do logos or a character it is in someway different than the original. I mean its not an edible image of the character that I printed. I usually make them out of another method and it varies. |
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