Trials & Tribulations of Running a Small Business

Saturday, March 8, 2008

Moving along...

Today went well. Market was up - highest so far this year - cake were done on time - lots of wacky kids hung around - all went well. Tomorrow there is a big elaborate cake due, so we'll be here late tonight assembling, sculpting, planning, etc. D will come here straight from work to help in the AM. If it looks fabulous it will go on the website.
I wonder what the rules are about copyright infringement? We've had lots of people ask for already existing images to be reproduced on cakes - hello kitty, cinderella, larry boy, sponge bob, etc. I tell people that we can make the cake as a landscape for the characters but that we aren't supposed to make the characters too. But is even that infringing because we're using another part of the imagery from the movie, TV show, etc? We're so off-the-radar that maybe it's not a big deal. I just wonder. I would rather recreate a character out of fondant & cake than to have a plastic figurine get stuck on our creation. The cake below is a perfect example. I've been reticent to put it on the website for the same reason...


Car should be done by Tuesday, so we'll see how that looks...

1 comment:

todd. said...

That's a pretty awesome cake. This got me interested in how the laws apply to scenery and so forth. I think this is telling: if you look at a trademark claim, such as the one on this Cartoon Network page, it says "DEXTER'S LABORATORY and all related characters and elements are trademark of and © Cartoon Network."

Assuming that Nickelodean uses similar language, it seems like a good lawyer could make the case that a pineapple-shaped house falls under "related elements."

Then this website about a bakers convention in Chicago says, "All licensors have attorneys looking for copyright infringement, and they do prosecute. The companies also often use fielders to set up bakeries."

This comment ended up being really depressing. Sorry about that. Your bakery is one of my favorite things about Orange County. I just thought that question about scenery was interesting & wanted to see what information was on the internet.