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Licensed Characters/Copyright Law

4/15/2015

4 Comments

 
I have posted about this topic on my Facebook page before, and I have a statement on this website about the issue. But I wanted to dive a little deeper into the topic because it comes up a lot and has been on my mind a lot lately.   By on my mind, I mean really bothering me.  At times it is downright frustrating.  Not frustrating because I refuse to break the law, frustrating because of all the people and bakeries who do, especially when there are people in the area who willing do it or do it for the majority of their orders.  For me, that means lost customers...all because I choose to follow the law.  

Before I go off on a complete rant let me explain copyright law. I don't want this to be a rant, I want to be informative, but please excuse me if I do rant a little.  This is what I have posted on my website :

Due to copyright laws, Steph’s Sweet Treats is unable to make cakes using licensed characters (ie. Disney, Sesame Street, Nickelodeon, etc.) unless a copyright release has been received from the copyright owner.  This does not mean you cannot have your favorite character at your next party.  It merely means Steph’s Sweet Treats cannot replicate the character via fondant or frosting. If you would really like to order a cake with licensed characters you have a few options:

1) Contact the copyright owner to obtain a release for the one time use. Please note that this may take some time and may be very expensive.  

2) Choose a cake design that uses a licensed edible image or cake topper. These cake are legal and come in a wide variety to fit every customer’s needs and likes.  Steph’s Sweet Treats would be more than happy to go over these designs with you.  

When searching online for ideas for your cake, you probably come across countless galleries from bakeries with licensed character cakes, but unfortunately these cakes were either made with the copyright release (which can run in the thousands of dollars), or without the copyright owners consent (illegally). Please note that Steph’s Sweet Treats will do it’s best to match the theme of your party as much as possible using colors and through legal accessories purchased by the bakery or by you to be place on the cake when you get home. 


So that means all those adorable cakes that look like a minion, have a sculpted Olaf figure on top, cupcakes with ninja turtle faces, etc. are illegal.  Yes they are amazing looking and would be great addition to any party, but if the person making the cake does not have legal permission to sell those characters or logos, they are breaking the law.  

What happens when you break the law?  Some people and bakeries get away with it for years, or may never get caught.  But that doesn't make it right.  They are making money off other peoples copyrighted images and characters.  If they do get caught, they look at hefty fines or even going out of business.  I would make a lot of money and get a lot of cake orders by doing these illegal designs, but I definitely don't want to go out of business and I surely don't want to gain business by stealing.  I use legal character items and logos purchased from my bakery suppliers to meet my customers needs as best I can WITHOUT breaking the law.  
Picture
This is a Cars themed cake I made for my nephew's birthday a few years back.  I'm guessing I could get A LOT of orders for this cake, but it is illegal to make.  Sure I made it for my nephew....the difference? I didn't sell it.  This cake was made as a gift.  It if was sold to someone, that would make it illegal.  I am really trying to spread the word about this issue because many people do not know about this law.  They don't know about it because so many bakers are willing to break the law.  The really sad part...if I tell someone I am not willing to break the law, but they really want an illegal design, they will just go to someone who is willing to break the law.  This cake was made before I ever opened for business.  Since then, even though I can make my nieces and nephews cakes as a gift, I have gone with the legal options since I can't control who takes a picture and associates the cake with me.  I don't want customers thinking I sell them, when I don't.

I can still make cake and cupcakes with your favorite characters and teams.  I just can't replicate the characters with frosting or fondant.  I want to respect the law and would love it if you respect me for my choice and continue ordering from me even when I cannot make the illegal cake you have your heart set on.  If I can't find a legal topper to add to your cake I can always fit the theme with colors.

4 Comments
joan carley
4/16/2015 01:33:10 am

I am very proud of you for sticking to your guns and not breaking the law and taking the chance of losing your busness just make someone else happy.

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Steph
4/16/2015 05:01:27 am

Thanks I appreciate it! :)

Reply
denise quintana link
5/18/2015 07:25:54 am

May I share this to my Facebook page? I feel the same way and ha e the same problem in my area...decorators willing to break the law to get the sale.

Reply
Steph
8/3/2015 03:21:35 am

Denise, so sorry I didn't see this comment sooner. You are more than welcome to share it! I too try to spread the word as much as I can.

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    Steph

    Steph is the owner and baker of Steph's Sweet Treats.  

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