Copyright infringment.

[The-Dark-Knight]

Thanks Psychocheeseman, Thats really helpful

 

[Obi-Ron]

Also you're not making any money out of what your doing so it's hardly financially worth while for them to take action.

The whole point of this thread is that he's selling them on ebay.

 

[Ion Kenshin]

i had a question about this as well. I am a recently graduated pastry chef and i was thinking of selling cakes shaped and designed like various comic book and cartoon characters....would i be in any trouble for this?

 

[thedeadite]

Isn't the easiest rule of thumb that, if something (image or otherwise) has a copyright, you cannot reproduce said thing for monetary gain without prior permission from the copyright owner.

 

[The-Dark-Knight]

i had a question about this as well. I am a recently graduated pastry chef and i was thinking of selling cakes shaped and designed like various comic book and cartoon characters....would i be in any trouble for this?

I think like me if your making money off it they can get us.

 

[Ion Kenshin]

maybe...i had planned to email both the DC and Marvel office and ask

 

[spideyboy_1111]

yeah the reason its considered copy right infringement is because you used "Joker" the name is copy righted... you couldn't sell "Thing" hands that you made yourself without possibly marvel doing the same.

it gets complicated, because people can sell costumes, and custom toys based off these characters, but i think its because there unique to usually only one, not mass marketed... it'd be like printing and selling shirts with spider-man's symbol on it.

 

[The-Dark-Knight]

maybe...i had planned to email both the DC and Marvel office and ask

I did that yesterday i was told that they own the copyright therefore i would infringe there copyright by using character names as i dont own the copyright but they thank me for respecting there copyright ownership.

I think if you were to give a percentage to charity they may let you. Something i was planning on doing.

 

[Ion Kenshin]

im determined to do it...i mean bakerie sell iron man and batman and spidey cakes all the time

 

[The Guard]

I think if you were to give a percentage to charity they may let you. Something i was planning on doing.

No, that won't work. Either they will want all of the profit you've made, or they will threaten to sue you to stop using their copyrights.

 

[The-Dark-Knight]

No, that won't work. Either they will want all of the profit you've made, or they will threaten to sue you to stop using their copyrights.

Oh.

 

[spideyboy_1111]

im determined to do it...i mean bakerie sell iron man and batman and spidey cakes all the time

depends on what bakeries... grocery stores and large chain bakeries actually get rights to do so, they usually have catalogs with even the brand copyrighted in them. (think of it as mcdonalds getting a liscense to make happy meal toys), now local home bakeries do it, and probably get away with it because a, the image sells itself (and usually there not absolutely perfect) on top of that they usually don't even list it on a menu or whatever as "ironman cake" also its usually not massively advertised.

 

[Ion Kenshin]

true...im just gonna call or email and ask what the standards are....the info cant hurt

 

[spideyboy_1111]

true...im just gonna call or email and ask what the standards are....the info cant hurt

your best bet would be someone who knows about law and copyright infringement, companies arn't going to want you to use anything close to there ideas, so your most likely going to have them telling you no either way, if there's a way around it, they're not going to tell you, because they don't want you using anything close to there properties, legally or not.

 

[Ion Kenshin]

thanx for the advice

 

[spideyboy_1111]

thanx for the advice

no problem

 

[The-Dark-Knight]

There is the way you can sell the cakes by not selling them.

You sell a superhero sticker (at the price you'd sell the cake) and give the cake away for free. I've seen that done on ebay. People bidding for a common trading ca rd to get the 'free' custom bank robber joker mask.

 

[spideyboy_1111]

There is the way you can sell the cakes by not selling them.

You sell a superhero sticker (at the price you'd sell the cake) and give the cake away for free. I've seen that done on ebay. People bidding for a common trading ca rd to get the 'free' custom bank robber joker mask.

i don't believe he's selling cakes on ebay... mailing cakes is a bad idea anyway if you honestly want the people to get them perfectly... lol

and you honestly don't need to go through all that trouble of "sticker" selling anyway...

 

[The-Dark-Knight]

i don't believe he's selling cakes on ebay... mailing cakes is a bad idea anyway if you honestly want the people to get them perfectly... lol

and you honestly don't need to go through all that trouble of "sticker" selling anyway...

No i gathered he was not selling them on ebay, more like a school fair or a fete.

 

[spideyboy_1111]

No i gathered he was not selling them on ebay, more like a school fair or a fete.

and you mostly likely are 99% free to do that... the odds you'd get in trouble for selling a cake with batman on it at a school fair are slim to none. Infact i'd be willing to say its perfectly legal unless you were massively advertising it and saying IT THE BATMAN DARK NIGHT CAKE!. it's perfectly legal to my knowledge.

I had a cake for my 16th b-day built like a sky scraper, and had spidey climbing it and webs all over it.

Its like drawing a picture of a copyrighted character, sure you can't make a show out of it, but its perfectly legal to sell fan art. And in a sense, that's what cakes are. ART, and your interpretation of a design.

The only way there would be trouble would be if this was a mass marketing cake sales event.. and its not.

 

[The-Dark-Knight]

and you mostly likely are 99% free to do that... the odds you'd get in trouble for selling a cake with batman on it at a school fair are slim to none. Infact i'd be willing to say its perfectly legal unless you were massively advertising it and saying IT THE BATMAN DARK NIGHT CAKE!. it's perfectly legal to my knowledge.

I had a cake for my 16th b-day built like a sky scraper, and had spidey climbing it and webs all over it.

Its like drawing a picture of a copyrighted character, sure you can't make a show out of it, but its perfectly legal to sell fan art. And in a sense, that's what cakes are. ART, and your interpretation of a design.

The only way there would be trouble would be if this was a mass marketing cake sales event.. and its not.

Off topic i know, but that spidey cake sounds awesome.

 

[Fading]

Everyone already covered it with changing the name, but to give an example.

I've seen Chinese manufacturers make cheap knock offs of Transformer toys. You take a stroll thru a cheap store like the Dollar Store or something and you occasionally see them, they also are sold on Ebay. They have pretty much identical molding as the original. However the manufacturers give them different color schemes, and instead of Optimus Prime they call him, FIretruck robot or something.

Since the Joker scars are really just scars on the side of the mouth, they really can't get you for the physical similarity I'm guessing. But ya, change the name, Joker scars is a dead giveaway.

 

[CaptainClown]

clown scars.

gaslow smile

Brazilian smile.
Chelsea smile