Red velvet cake is normally made with cream cheese frosting, however as I was putting in a fondant cake not being kept in the fridge, I opted for normal butter cream frosting. I created with just my imagination and ideas from my daughter! This has been on of the most enjoyable cakes I’ve made and decorated as I didn’t try to follow any ideas or pictures. Minions are little characters from a Movie called Despicable Me.Īs I was making a birthday cake, i thought it would be nice to make mini minions on a cake having a birthday party too. These are just things I have gleaned over the years from other industries with regards to copyright material.My daughter requested a minion cake for her 8th birthday party. But I would be concerned with a more general public display of the work. There might, however, be some concern if a business advertises the use of the copyrighted material in order to promote their own business or makes a profit on the use of the copyrighted material.Įven if a business makes a cake for a client with a copyrighted image or character, as long as they don't flaunt it in general public, it is probably not worth the expense of a lawsuit. In fact, one might say it continues to promote income to those entities. On one hand, I doubt anyone that makes a personal cake for family or friend is depriving The Disney(tm) Company or Universal(tm) of any income. This means, did your use of the material undermine the copyright owner of income or undermine a potential market for the work. ![]() Having said that, one of the factors of fair use is its affect on the potential market. The only real way to determine whether a use can be considered fair use is to have it tried in court. There are multiple factors that go into whether the use of copyrighted material or a copyrighted image is considered fair use. In reply to the copyright question, it comes down to determination of fair use. I just want a fair playing ground to make my living. The decorators on this site contribute terrific ideas and show immense creativity which fuels us all. Perhaps they shouldn't be allowed a watermark or mention of their business to make a true "Contest Entry"? And maybe a disclaimer with the demos? I'm all for giving credit to the artists. Sweet Surrender Bakes/Our Little Cakery and Geelicious Confections are showcasing them on their websites/facebook pages (as well as many other copyrighted characters) as products they make. They're no longer in business.īTW Cake Central - I feel some of these bakers with watermarks clearly showing their US company name on their posted pic encourages copyright infringement by other bakers desperate to make a buck in this cut throat economic environment. They all hollered, "Mickey!" and the baker was fined $25,000 plus attorney and court fees. They placed three year old children on the courtroom floor and revealed a picture of the cake that was made which had a silhouette of Mickey Mouse's ears. I heard a story about a baker that was sued by Disney. Disney has no mercy and I don't think Universal will be much kinder. And a LOT of people look at this site - including attorneys representing the rights of these license owners. The days of leniency may be gone as soon as the economic tide starts to change. ![]() (I've always said if you can't afford it, learn how to do it yourself.) But I'm pissed to see someone selling these cakes in the US for a profit without penalty while we stick to the letter of the law. I applaud the mom's making awesome cakes for their kids. The demonstrator is clearly outside of the US where the copyright laws have no teeth. We get a letter from the NFL Team in our town for every cake they order with their logo on it. I work at a retail bakery in Florida and we are not legally allowed to make a profit off of a cake using someone else's copyrighted art. Thank you for bringing up Copyright, WestTexasCaker.
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