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Copyright Law Applies to Birthday Cakes Too
Houston, Texas August 7, 2003 --- Copyright law does not just apply to software, books, pictures, and video; it also applies to a bakery selling decorated cakes and cake items.
At one time or another, most people have ordered a cake for a special occasion. Especially for birthdays, many people request that their cake be decorated with popular cartoon, television, movie, or comic book characters. What most people don't realize is that it is a violation of federal copyright law for a bakery to decorate any product they make with an identical copy or close likeness of copyrighted movie, TV, cartoon, or comic book character without permission of the copyright owners. To do so can cost the bakery and the customer a great deal of money for damages under the law.
While the laws may restrict some of the options for cake decorating, instead of thinking of them as an impediment, embrace the challenge! There are still many creative ways to decorate for any person and any occasion. When only a specific character will do, there are plenty of officially licensed figures and images that a bakery can use. The use of officially licensed items ensures that neither the bakery nor the customer is violating copyright laws.
“We have had customers come in and ask us to print a copy of a copyrighted photograph or image onto edible paper,” said Brett Byers of Make-A-Cake. “We explain the law to them, and suggest they obtain a copyright-free snapshot or that they purchase a licensed cake top novelty. We work very hard to keep the popular characters and other decorating options in stock at all times.”
A copyright protects an original work or creation and gives exclusive rights to that work or creation to its author. The copyright law protects the creator's work by prohibiting anyone else from using or profiting from that creation without permission of the owner. If an item carries the â or ã symbol, or the bakery or customer didn't create it, it is someone else's property and using it without permission can land both parties in legal hot water.
Although copyright law may seem intimidating, a little common sense will generally keep everyone in compliance. Any item bearing the â or ã symbol (such as napkins and invitations), music, movies, software, cartoons, television characters, many sports stars' likenesses, professional photographs, and just about any other image or character that is sold is usually copyrighted.
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