Whether Duff Goldman has a cause of action against anyone?
Duff Goldman, the celebrated pastry chef from the Food Network, created a cake for President’s Obama 2013 inauguration festivities. The cake consisted of various decorative layers that included patriotic emblems, seals, and small silver stars. Several years later, the almost identical design of the cake was ordered for “The Salute to Our Armed Services Ball” by the undisclosed person, and during the ball, Vice President Pence sliced it with the sword.
Since the layout of the cake was based on the photograph of Duff Goldman’s design, there is no question whether Goldman created the original version of this cake. The question we need to answer is whether Goldman’s design was copyrightable, …show more content…
Can a cake be considered a fixed or tangible medium? Definition of “tangible” says it must be “perceptible by touch”, however, it does not say how long it needs to stay in that form (Merriam-Webster Dictionary). Copyrighting a design of the cake is similar to trying to copyright a creation of a snowman- it will not last very long. The uncertainty of originality and of the fixation makes copyrightability of Goldman’s cake questionable.
On the other hand, Goldman may argue that even if the patriotic elements included in the decoration of the cake’s design are not original, the arrangement of those elements could meet a minimum creativity requirement. (Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991).
The law states that “Anyone who copies original expression from copyrighted work without the owner’s permission infringes the copyright” (17 U.S.C Section 501(a)-(b)).
To win his case, Goldman would have to establish that the design of the cake was original and the cake itself could be considered a tangible medium than he could have the cause of action against organizers of “The Salute to Our Armed Services Ball” and possibly against the company who recreated the cake.
With the proof of the valid copyright, Goldman should win this case. However, considering the questionable originality and tangibility of cake, the court may decide
Duff Goldman, the celebrated pastry chef from the Food Network, created a cake for President’s Obama 2013 inauguration festivities. The cake consisted of various decorative layers that included patriotic emblems, seals, and small silver stars. Several years later, the almost identical design of the cake was ordered for “The Salute to Our Armed Services Ball” by the undisclosed person, and during the ball, Vice President Pence sliced it with the sword.
Since the layout of the cake was based on the photograph of Duff Goldman’s design, there is no question whether Goldman created the original version of this cake. The question we need to answer is whether Goldman’s design was copyrightable, …show more content…
Can a cake be considered a fixed or tangible medium? Definition of “tangible” says it must be “perceptible by touch”, however, it does not say how long it needs to stay in that form (Merriam-Webster Dictionary). Copyrighting a design of the cake is similar to trying to copyright a creation of a snowman- it will not last very long. The uncertainty of originality and of the fixation makes copyrightability of Goldman’s cake questionable.
On the other hand, Goldman may argue that even if the patriotic elements included in the decoration of the cake’s design are not original, the arrangement of those elements could meet a minimum creativity requirement. (Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991).
The law states that “Anyone who copies original expression from copyrighted work without the owner’s permission infringes the copyright” (17 U.S.C Section 501(a)-(b)).
To win his case, Goldman would have to establish that the design of the cake was original and the cake itself could be considered a tangible medium than he could have the cause of action against organizers of “The Salute to Our Armed Services Ball” and possibly against the company who recreated the cake.
With the proof of the valid copyright, Goldman should win this case. However, considering the questionable originality and tangibility of cake, the court may decide