Forum - View topicNEWS: Woman Charged for Selling 6.5 Million Yen in Unauthorized Demon Slayer Cakes
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I_Drive_DSM
 Posts: 217 |
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A lot of you are mis-understanding how bakeries generally work with product in the US.
If you go to a place like Wal-Mart and bring them a design of Mickey Mouse to print on a sheet cake they are going to refuse you. The obvious reason is they are breaking copyright but the potentially less obvious reason is that the work can easily be tied back to them; somebody is going to post on social media "Look at this cake *tag/hashtag* Wal-Mart made for my kid!" Now all of a sudden a random Wal-Mart in who knows where infringed on copyright with a sheet cake. Any designs or products you see on their shelves or in their books they've paid a licensing fee for and likely had items and designs approved. They're also likely very carefully selected, while at the same time lent to some simplicity. A sheet cake is a sheet cake, and any kid is going to be excited to see some character they recognize or like on a sheet cake. Independent bakers you can't stop. Is it right that they create trademarked and/or copyrighted characters and items onto their productions? Personally I do not believe it's hurting anyone in the grander scheme of everything. The cake gets eaten and eventually no longer exists. Plus people will continue to buy the licensed items anyways. However what I believe doesn't matter. In Japan the problem is two-fold. One being there are already licensed Kimetsu no Yaiba cakes, so she immediately infringed and hindered sales there. The other being she made money & advertised her work. She likely couldn't have created the works without advertising them though considering word-of-mouth only goes so far with things like food. Ultimately what surprises me more is how long it took for her to be jumped on for making the cakes. Selling and advertising an extreme popular franchise for two and a half years? That's not exactly a short time period. |
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a_Bear_in_Bearcave
Posts: 514 Location: Poland |
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That's probably why she got hit at all, if she made only few cakes they'd probably let it slide even with foolishly published Instagram photo, or no one would notice, but if she made it her business it was obvious they'd learn about it and make example out of her to protect their IP - their bakery license would be useless if other bakeries could not pay and get only slip on the wrist after being found out. |
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CelestialEmpress
 Posts: 113 |
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If anything, it seems like this is proof they gave the bakery license to the wrong place. The official one looks like they just used an edible printer and slapped the images on some cakes. The illegal bakery actually looks like effort was involved; those characters are highly detailed and would have taken hours or even days to create out of fondant or royal icing. That amount of work is easily worth the $130 pricetag, while the legit place is charging $50 to print out a picture of Inosuke and spend 30 seconds putting a circle of frosting around it.
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