When you walk through a bakery and see a cake with Disney Frozen characters on it, do you ask yourself – did Disney allow that? At birthday parties, you see many themed parties and theme cakes – parents want to have a character cake for their child’s birthday. A baker/cake decorator may wonder what are the legal risks in making and selling such cakes? They do not want to lose a sale, but they don’t want to find themselves in legal trouble either. Some may wonder how will the owner of these characters even find out if I make a cake with a character on it or even care?
The copyright owners of the character artwork do care and, particularly with social media today (everyone at the party taking pictures of the cake and posting on Twitter, Facebook and Instagram etc), it is easier to find such unauthorized works. This post explores basic legal issues in the cake decorating business. (more…)