missmersh Posted 23 Aug 2004 , 1:13am
post #1 of

How you handle a request that you are not sure you can fulfill?

I have been asked to make a "Hulk" cake for a little boy's birthday.
I can't afford to keep doing cakes for free, but I know you aren't supposed to charge for the licensed characters. Have you had this happen to you? If so, how did you handle it?
Also, I am not really sure I could pull off the "Hulk" and since there is no pan to use yet, I am afraid to make a promise that I don't know if I could keep.

Any advice would be very helpful.

The birthday is this Saturday and I would like to be able to answer her by tomorrow if possible....
Oh yeah, one more thing....If anyone has any "HULK" pictures, would you mind emailing them to me? THANK YOU !!!!

Leslie icon_smile.gif
lhoward@midsouth.rr.com

5 replies
Amy28 Posted 23 Aug 2004 , 2:56am
post #2 of

Don't do it for free. My suggestion is probably not terribly helpful, but I've just told people looking for licensed character cakes that I just don't do them. I don't have the pans or the right to do so, (and piping all those starts makes my wrist ache!)

leily Posted 23 Aug 2004 , 5:01pm
post #3 of

If someone wants a licensed char cake, I usually refer them to their local toy dept. I tell them to pick out a toy *i tell them aprox size for the amount of cake they want* Then they can bring me the toy and I will decorate a cake around it. This way the companies have received their money for the licensed char *toy* and You can still do a cake they wanted you to do. I hope this helps.

Leily

missmersh Posted 23 Aug 2004 , 5:16pm
post #4 of

Thank you both for your helpful suggestions!

I can understand not being able to make a "profit" off the characters, but would it be illegal to ask them to reimburse me for the cost of the ingredients and special equipment(Pans) if needed?

I think it would only be illegal if you were "making" money.

JeanneG Posted 24 Aug 2004 , 1:03am
post #5 of
Quote:
Originally Posted by missmersh


I think it would only be illegal if you were "making" money.




I don't think that whether your business is profitable or losing money is really the issue. The license is "for home use only." Taking orders and money from someone doesn't sound like "home use." But I'm not a lawyer and I don't know how a court would interpret "home use."

I do know that a local charity was ordered to stop using a cartoon character in their fund raising. Didn't matter that they were non-profit, what mattered is that they didn't have the cartoon owner's permission.

A way to do cakes for a theme party but not use the copyrighted image is to pick something related. For a Pooh party, do a honey pot cake, for a Strawberry Shortcake party do a straw hat or a big strawberry. I don't know enough about Hulk (thank goodness) to suggest anything for that theme, but there probably are generic items that would tie into the theme. With the paper goods and decorations the tie-in would be clear and you wouldn't be doing anything questionable. And you could charge with a clear conscience -- enough to make a profit, too!

missmersh Posted 24 Aug 2004 , 1:47pm
post #6 of

Hi Jeanne,
Well, I am not making the cake. I decided that I could not do it and feel comfortable with it.

I also wrote a letter to Marvel Comics asking permission to use their characters for my cake baking. (I do not own a cake making business, I make cakes as a hobby, however, I would like to be reimbursed for the ingredients.) If I ever decided to start a business, I would go through all the right outlets to make sure everything I did was on the "up and up".

Thank you for your advice and suggestions!!!
Leslie icon_smile.gif

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