Welcome to the Cake Decorators Q&A

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asked April 23rd 2013

Copyright

Hi everyone, I was wondering how close to an original design can I get before infringing on copyright? I have asked the designer but they live in Australia and are on maternity leave. It is a silhouette on a white 3 tier cake, the top is a chandelier and the stencil I have is different to the one used in the original, it is the dancing couple on the bottom tier which is similar.

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Hi everyone, I was wondering how close to an original design can I get before infringing on copyright? I have asked the designer but they live in Australia and are on maternity leave. It is a silhouette on a white 3 tier cake, the top is a chandelier and the stencil I have is different to the one used in the original, it is the dancing couple on the bottom tier which is similar.

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My understanding is that cake designs are not copyrighted , although characters which are represented, such as Disney, usually are. I think all you need to do, out of courtesy, is give credit to the designer for their inspiration. If anyone knows differently I would be glad to hear.

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I think it would also depend whether the design is that person’s original art work which might be copy righted. Cake decorating market is flooded with cutters and stencils which look similar and are used by millions of people. I agree with fruitcake, if you copy the cake as it stands, it would be courteous to mention the designer.

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Thank you fruitcake and Madeitwithlove if I posted a picture on say facebook then yes I would acknowledge whose design it is based on (I always acknowledge Paul,s) but if the lady uses this cake for her wedding how can I acknowledge the designer?

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Who would actually see the cake at the wedding? Will it be published in any media? I think the problem arises if it is original art work and if photos of the cake are going to be published. In which case it would definitely be wise to consult the designer first. I don’t see why you can’t use your own stencils, which you say are different, and loosely base your cake on this design, just don’t copy it exactly. After all there are loads of silhouette cakes on the internet. I believe Patchwork cutters and Lindy Smith Cakes both have similar looking cutters/stencils which are widely used to create this look. Perhaps you should also make your lady aware of possible copyright issues.

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It is polite if you post a picture to say ‘based on a design by xxx’ but I don’t believe it’s legally necessary, especially as your cake is not even identical to hers. I watermark all my photos but its to stop other people using one of my pictures and claiming they made the cake, none of my cakes are copyrighted. I see lots of other cake designers using watermarks that say ‘Copyright The Whatever Cake Company’, the other day I saw this on a very well known licensed character cake and I thought there’s irony for you!

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Thank you all for your comments. It’s a complicated one isn’t it. Well I have decided to try to get the same silhouette but modify it such as adding diamantes etc and since posting on here I have found a very similar one, but it is a card cut out so will have to draw round and cut out very carefully if I use that one. The bride-to-be has said she would not publicise it but cannot say the same for her family and friends so am going to go with as much of a modified version as possible just in case. And if I do post it to facebook I will of course acknowledge whose design it is based on.

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