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Written by : Magnolia Alexender
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hey cake gurus and bakers welcome back to my channel it's Emery Lee Miller with my sugar rush and today we are going to talk about how to avoid copyright infringement with cakes so let's dive right in for those who don't know I originally was going to be a graphic designer until I decided that I wanted to decorate cakes instead and so this is where I figured out how intellectual property works and I have applied those same ideas to cake decorating and this is how I was explained to me basically when I was a graphic design student my teacher taught to me that it was okay to use other people's images in my projects because I was a student and you're protected under that however he would recommend that we use our own images so it taught me from very early on to go and snap my own photos to draw things out myself to create my own images as much as possible and avoid anything online unless it was free stock photos which typically are not the good photos that you find online the good stuff you have to pay for however if I take that portfolio that I've taken years to create and I go to a potential employer and I show them this portfolio with copyright images in place that is where it is suddenly a copyright infringement because I am using other people's intellectual property to promote myself to an employer so let's think about this in terms of cake decorating let's say someone comes to me and they asked for a themed cake with their favorite cartoon character and from there I go onto the internet I find that image I send it to an edible printer I put it on a piece of fondant I stick it on my cake and then you sell that cake to your client you are making money off of someone else's intellectual property okay let's take that even further you take that cake that you've created with someone else's intellectual property and you put it up on your social media that is your portfolio that is you trying to sell yourself to your clients again so you are actually making money off of their intellectual property two times over short answer is most people when they're putting this stuff online and they're selling it to clients they are just simply getting away with it for now they are flying under the radar one of the ways that you can get away with this is actually going to that person and asking for their permission now a lot of time with like big-time bloggers or youtubers actually the company is coming to them and they're saying hey we have this movie coming out we would love for you to make a cake centered around the theme of this movie so that you can promote the release so the long answer is I would say most people are just flying under the radar what we're as just a very few people actually have permission to use these images the ones that you especially need to avoid is anything owned by Disney I've heard this time and time again they're a big-time company they have the resources they have the time they have the money to come after you and say that you are infringing on their copyright images so what I would say is try to avoid using any images online at all but especially anything Disney related I only ran into this issue one time it was when I had to print a bunch of edible toppers to put on cupcakes for a company that was pretty well known what that company ended up doing is when they ordered those cupcakes from me they also sent me a letter giving me permission so that if I walked into a grocery store and they said hey this is a copyright image I really don't think that you have permission to use this I could show them the letter that was signed by the company saying yes this person does have the right to use our image our logo and print them off what I recommend is just learning stuff like Photoshop learn how to draw things from scratch outsource it that is a lot of work I know it's a little bit much but I highly recommend if you want to do a lot of themed cakes learn how to do it if you legally want to use someone else's intellectual property on your cake the best way to this is actually by creating this themed cake with no characters none of that no logo anything and then actually having the client go and buy the toys and place it on the cake themselves that way the original company that created it gets their money and they're the ones putting it on the cake you're not making money off of it and that's really the biggest problem out of all of this is where's the money going who's making money off of this that's why everyone's pissed off I really hope this video helped you guys to understand the laws behind copyright infringement and please take it seriously okay if you made it this far thanks for watching I really hope that this cleared up some questions that you have let me know if there's anything I missed let me know if you have any additional questions drop them in the comments and let's talk about it thanks so much for watching please drop a like and especially do not forget to subscribe for more delicious content coming your way since you're already here like why don't you go click on some of these other videos and go watch some other stuff and if you like this shirt I'm wearing I'm gonna drop the link down below for you to purchase one for yourself ok bye
Thanks for your comment Violette Fluhman, have a nice day.
- Magnolia Alexender, Staff Member
so here's a fun fact for you the word yup is trademarked yep the yup is a trademarked word by one of the guys from the show storage wars in fact he battled against a rapper in court to get the trademark for that word crazy right another fun fact 20 of your genes are patented even the guy who discovered dna thought that this was a bad idea but companies went ahead and did it anyway so okay you can trademark a word and you can patent your genes but can you copyright a cake that my friends is the question that we'll be snacking on today hello internet welcome to food theory the show where everything is actually made of cake except for the arguments those are rock solid now you probably didn't wake up this morning with the intention of watching a video about cake law i get it heck i didn't think i'd ever have to be making an episode about cake law but sometimes the universe comes in like a wrecking ball and plops an incredible food theory onto your lap leaving you with little choice but to run with it such was the case with today's episode see back in june of 2019 miley cyrus posted a picture of a cake on her instagram to announce an upcoming collaboration between planned parenthood fashion designer marc jacobs and her own organization the happy hippie foundation the cake itself was circular white and pink with sprinkles and had the words abortion is healthcare on top so it was certainly an eye-catching pose to say the least but also just your standard fair instagram post or so it would seem because just days later another user at the sweet feminist made this accusation quote miley cyrus just announced a collaboration with marc jacobs planned parenthood happy hippie foundation using this image it is a direct theft of my own original artwork from may 2018 with no credit it's literally my exact handwriting message and concept swipe for comparison cake art is for everyone but this is inexcusable now the sweet feminist is the handle behind the washington dc-based influencer becca ray holloway she describes herself as quote a self-taught baker with a passion for mixing sugar and strong opinions one look at ray holloway's account will give you a pretty good idea of the kind of work that she does often she bakes a cake or a pie writes a punchy opinion on said caker pie and then eloquently elaborates the stands in the caption attached and then she proceeds to get a lot of likes on instagram and sure enough a month before miley's post rae holloway posted a photo of a cake that looks pretty much identical to cyrus's abortionist healthcare design same white and pink frosting same sprinkles same message written on top with similar handwriting and an underlined is and when cyrus caught wind of rey holloway's accusation she seemed to agree she apologized publicly to ray holloway and edited the post to include credit for the original artist what she didn't do was provide any kind of compensation for ray holloway the apology and the credit were no longer enough she said quote again this was not an oversight it was blatantly and willfully neglectful and deceitful i would have been more than happy to work with you on a collaboration for this project but instead my work was just copied without compensation the comments on the sweet feminist's post were filled with people encouraging ray holloway to seek legal counsel and sue miley and her team for breach of copyright and the story became regional national and even international news but after those big headlines hit the story just kind of faded away nothing really seemed to come out of it or at the very least no one followed up on the story it's unclear whether rey holloway actually pursued the issue any further after the whole copyright fiasco hit the fan so you know what i'm interested to know did the sweet feminist's instagram followers have a point here does rey holloway have grounds to sue over copyright infringement of a cake and if a person can indeed copyright a cake what are the implications for other types of foods hope you came hungry for knowledge food theorists because it's a theory in the usa first things first what exactly is copyright anyway by definition a copyright is the exclusive legal right given to the originator of a work to print publish perform film or record literary artistic or musical material and to authorize others to do the same basically it's a safeguard against copycats a way to ensure that your work stays your work and that you're the only one who gets to let other people use that work though you can file a copyright with the u.s copyright office you actually don't have to it's an automatic write that goes to you as soon as you create a copyrightable work now youtube copyright strikes are one example that you've probably heard a lot about but copyright is all around us it covers books movies tv shows music computer software architecture and beyond so copyright covers a lot of creative arenas and that means that there's no shortage of legal gray areas to theorize about over on game theory we've talked about whether fortnite was stealing and profiting off of copyrighted dances they aren't and on film theory we talked about whether memes were legal under copyright law they should be via fair use so really talking about the nuances of copyright law is just a rite of passage for any theory channel and today it's food theory's turn welcome to the fold buddy incidentally another theory channel right of passage is promoting the game theory million dollar challenge to support st jude children's research hospital that huge event probably the biggest event that these channels have ever covered is happening live tuesday december 1st theorists this is a huge project that we've been putting our hearts and souls into all throughout this year not only does it feature tons of youtube creators that you know and love totaling 300 million subscribers all together but there's also plenty for all you food lovers to enjoy for instance cake decorating challenges were saddled with some pretty unique sabotages so be sure that you're tuning in to our sister channel game theory on tuesday i'm serious this show is gonna be massive and it's all to benefit an amazing cause so i hope you're able to make it anyway back to the matter at hand how might copyright law apply to cakes and other foods well there are three basic requirements that a work needs to meet in order to be protected by copyright the work must be one original it has to be independently created it can't be copied from something else two creative a work needs to demonstrate at least a small amount of creativity and finally three it needs to be fixed a work must be fixed in a tangible medium of expression and this includes digital works even if you can't technically touch them if it can be copied or transmitted it's tangible as far as copyright laws concerned so based on these rules something like say a recipe can't actually be copyrighted yeah i was really surprised by this one too according to the courts copyright protection doesn't apply to any sort of procedure or listing of facts which is how they classify recipes legally recipes aren'
Thanks Dusty your participation is very much appreciated
- Magnolia Alexender
About the author
I've studied history of archaeology at Athens State University in Athens and I am an expert in special relativity. I usually feel predatory. My previous job was product safety engineer I held this position for 8 years, I love talking about mountain biking and music production. Huge fan of Jamal Murray I practice flag football and collect disney pin trading.
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