Due to copyright laws, Bodine's Baking Co. 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. 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 from DecoPac. DecoPac has hundreds of licensed character designs that we can legally create, the only requirement is that the cake be designed exactly as they have pictured. Feel free to visit www.decopac.com and let us know if you are interested in a specific design. Please give us at least two weeks notice since we do not have all designs in stock.
3) Choose an edible image available for purchase. We can assist you in finding the image that you need.
When searching online for the perfect cake for your occasion, you may run across many galleries from bakeries with beautiful licensed character cakes but these cakes were either made with the copyright release which can run in the thousands of dollars, or unfortunately without the copyright owners consent (illegally). Please note that we can try to match the theme of your party as much as possible using colors creating a background cake with all the elements of your theme without the copyrighted characters.
More information regarding copyrighted characters:
Character Pans/Character Images
All licensed character shaped pans, candy molds and cookie cutters are for consumer home use only. Stores/Shops/Decorators cannot make cakes, cookies or candies from licensed or copyrighted images and sell them to their customers.
These "mold-making" items are strictly prohibited from any type of commercial use since the licensor has neither the method to control the quality of the reproduction of the character nor the ability to earn royalties on sales of the "made" products. Free-hand or copies of character designs cannot be drawn or iced on top of a cake, cupcakes or cookies and sold for any type of commercial purpose. Once again, the licensor cannot control the quality & is not earning a royalty on the product created around their characters.
Furthermore, creating any type of image that looks like a licensed character that then is sold for commercial purposes is prohibited unless there is a specific licensing agreement with the licensor for that product and royalties are paid each time the product is sold.
Also customers can not bring a character pan/mold they have bought or a toy topper for a cake to a decorator or store/shop, and ask them to make the cake/candy/cookie in exchange for money. This is considered the same thing as above, because money is exchanging hands without the licensor earning royalties.
A copyright protects an original work or creation and gives exclusive right to that work or creation to its author. Copyright law protects the author's/creator's work by prohibiting anyone else from using or profiting from that creation in any way without the owner's permission.
In reproducing copyrighted figures, it does not matter if the character is drawn by hand, added using an image projector, or put on a cake with a computer cake machine. If the item carries a © or ® or symbol, then it is protected. Although most copyright materials will contain either © or ® or , U.S. law does not require it.
Frequently Asked Questions:
Q. Can Bodine's Baking Co. really get in trouble for doing copyrighted characters without permission?
A.The answer is yes. Some copyright holders may be satisfied with a cease & desist order, others could choose to file a lawsuit. Ignorance of these laws will not dismiss the suit, or get you out of trouble with a cease & desist order. The court could find you guilty and award financial damages plus attorney fees. The copyright owner can collect damages without having to prove that your infringement actually cost them monetary harm. Fines can vary. Some may only ask for a low fine but some well known companies are very aggressive in going after anyone and be as high as they feel their image use is worth. One copyrighted cake can destroy our business.
Q. How do companies find out?
A. In actuality they may never know if we were to do a copyrighted image on a cake. Some companies though do have legal teams dedicated to searching out their images being used with out permission. There are some well known companies who do focus on the cake decorators industry. For us at Bodine's Baking Co. it goes beyond it being illegal we respect the work of the artist who create them and companies rights to royalities. It is important to us to operate in a way that reflects that. We will not do any copyrighted images without permission.
Q. Why can you do a Character Image from the Deco Pac book or edible images?
A. Deco Pac has arranged to cover the cost of royalty fees for use of their products. **Please note that there are many online shops/stores that sell illegal edible images. Always ask first to make sure they have the appropriate permission to use the copyrighted characters. We will not purchase or use any images, toppers or other edible items from sellers that do not have permission to use the copyrighted character, logo or image.
Q. Why does Bodine's Baking Co. choose to use Deco Pacs or Edible Images instead of recreating characters with fondant or icing?
A. We are able to create wonderful works of edible art but doing copyrighted characters, logos and other copyrighted items is a legal and moral matter for us. We will not cut corners or operate in a way that puts our company at risk for lawsuits and take away due royalities from other companies.
Q. What do you mean by creating a background cake?
A. We can create a cake with the colors of your theme and create a wonderful centerpiece for your occassion without breaking any copyright laws. If you are not interested in purchasing a deco pac or edible image we can use all the elements of your theme to create a cake that fits perfectly with your theme without the copyrighted characters.
Here at Bodine's Baking Co. we strive for customer satisfaction and we want to work with you to create the perfect cake or cookies for your occassion. We offer quality products baked fresh from scratch.
Jason and Amanda Bodine