Xeni Jardin posted an entry on Boing Boing about a bakery in Brooklyn that stopped making cakes with images from customers due to litigation fears for copyright infringement. The entry also includees some feedback from BoingBoing readers about the legal situation.
I am not a lawyer, so I cannot comment on the legal issues. What I find sad is the scorched earth aspect: that the legal fears led to the bakery’s ceasing this service altogether.
Couldn’t the bakery apply some common sense: if a customer brings in an image that they know is copyrighted, decline to do it and explain why to the customer. And if a customer brings in an unfamiliar image, ask the customer what it is. If the cusotmer replies, “Oh, this is my daughter’s favorite TV character”, then decline and explain. But if the customer says it’s an original image and the bakery thinks the customer’s explanation is reasonable, go ahead and make the damn cake.
It’s a shame that a by-product of the current legal situation is the abandonment of good faith and informed judgment.
This smacks of ‘zero tolerance’ policies we often hear about.

Categories: Intellectual