Cake Sketches

Decorating By iris219 Updated 19 Jun 2010 , 8:25pm by NerdyGirl

iris219 Posted 18 Jun 2010 , 11:59pm
post #1 of 13

I have a question about doing cake sketches? Do you give the sketches to the client once you show them what the cake is going to look like? Please give me your input on this issue. Thank you.

12 replies
lisamenz Posted 19 Jun 2010 , 12:14am
post #2 of 13

I have done several sketches for my clients, mostly brides. I do give it to them. I have also received alot of over the web bookings. People from out of town. I will sketch the cake in the colors and etc, scan and then send it to them. I think it is a good practice, plus it really doesn't take much of my time and I enjoy it. I think it gives them a piece of mind of what you can create for them. Even if they bring me a pic, I still will try to make it a individual art for their day. I like being orginal and drawing from othe cake artist to create my own masterpiece, Especially for them. Hope this helps. icon_smile.gif

tesso Posted 19 Jun 2010 , 12:22am
post #3 of 13

I usually keep the sketches and they go into their contract file, so that when it comes time to make the cake I can remember which cake I am supposed to be doing. My sketch sheet also has all the comments and changes listed on it that the couple wanted to alter. No one has ever asked for the sketch sheet. But a groom once told me how amazed he was that the cake was identical to the sketch. He was thrilled that they got EXACTLY what they wanted. which is why I keep the sketches. But if someone asks, I will scan and email to them.

cheatize Posted 19 Jun 2010 , 5:40am
post #4 of 13

I'm ambivalent about this. I read a thread awhile back and a poster said they don't hand over their sketches because the sketch can be taken to another baker and thus your work is given away. I give them a written description, which is close to the same thing, I guess.

I don't like the thought that my idea would be given to someone else to execute and I'd get bubkiss (spelling?) out of the whole thing.

iris219 Posted 19 Jun 2010 , 11:01am
post #5 of 13

Thank you for your input. Wanted to get other peoples thoughts on this subject because my mothers co-worker asked if I can make two cakes for her.

So I designed one of the two different cakes she wanted. So I did a simple sketch and told my mother that I needed the sketch back. Well the lady insisted that because I did a sketch of a cake she wanted the sketch was her's. I was upset with my mother and told her that the sketch was not her's and that I needed it back.

It's the weekend now and I'm sure that she.... one has made a copy of it or two like Cheatize stated can take it to someone else to make it for her. You always learn from experience.

Doug Posted 19 Jun 2010 , 11:31am
post #6 of 13
Quote:
Originally Posted by iris219

Thank you for your input. Wanted to get other peoples thoughts on this subject because my mothers co-worker asked if I can make two cakes for her.

So I designed one of the two different cakes she wanted. So I did a simple sketch and told my mother that I needed the sketch back. Well the lady insisted that because I did a sketch of a cake she wanted the sketch was her's. I was upset with my mother and told her that the sketch was not her's and that I needed it back.

It's the weekend now and I'm sure that she.... one has made a copy of it or two like Cheatize stated can take it to someone else to make it for her. You always learn from experience.




according to copyright law --- the minute you put implement to paper, that sketch was fully protected by copyright.

there is NO need -- repeat NO need -- to file any kind of paperwork to protect a creative work.

Therefore -- it is NOT her's legally until she has PAID you in full the value YOU assign to the sketch.

Closest analogy for use is how the plans an architect draws are not the client's until the client pays in FULL for them.

Thus -- if you do have a lawyer -- sic him/her on this lady with a polite letter demanding the original and any and all copies of it returned or you'll sue.

FURTHER -- under copyright law, you and only you, have the right to authorize the production of a work from your plan -- meaning anything made based on your design.

thus if she does have another baker make the cake according to your sketch -- you now get to sue both her AND the other baker!!!!

iris219 Posted 19 Jun 2010 , 12:05pm
post #7 of 13

Doug- Thanks so much for the info, this is the best news I've heard today. You have made my day.

cheatize Posted 19 Jun 2010 , 5:12pm
post #8 of 13

I would think she'd say the sketch was a gift- given to her.
The other baker could say they didn't know the work did not belong to the client.

Maybe we should doodle our name across it or around it so that even if copied, our names could not be removed unless photoshopped?

catlharper Posted 19 Jun 2010 , 5:44pm
post #9 of 13

I sketch every cake I do, have the client initial it as an ok and then it goes into their file. I know a caker who was asked to make a cake for the second time (copy of the wedding cake) for an anniversary party 5 years later and so he had the photos and orginal sketch to work from...very imporant to keep the sketches. I will make a copy of the sketch if they want it AFTER the cake is delivered...by then they usually just want the photos.

Cat

Doug Posted 19 Jun 2010 , 7:42pm
post #10 of 13
Quote:
Originally Posted by cheatize

I would think she'd say the sketch was a gift- given to her.
The other baker could say they didn't know the work did not belong to the client.

Maybe we should doodle our name across it or around it so that even if copied, our names could not be removed unless photoshopped?




she can say what she wants.

in this case the law will tilt to the CREATOR's side. that's the point of copyright.
and in this case the creator clearly stated it was for inspection only and was to returned and has a witness to that effect. So, this also now becomes a case of THEFT of property.

carmijok Posted 19 Jun 2010 , 7:58pm
post #11 of 13
Quote:
Originally Posted by Doug

Quote:
Originally Posted by iris219

Thank you for your input. Wanted to get other peoples thoughts on this subject because my mothers co-worker asked if I can make two cakes for her.

So I designed one of the two different cakes she wanted. So I did a simple sketch and told my mother that I needed the sketch back. Well the lady insisted that because I did a sketch of a cake she wanted the sketch was her's. I was upset with my mother and told her that the sketch was not her's and that I needed it back.

It's the weekend now and I'm sure that she.... one has made a copy of it or two like Cheatize stated can take it to someone else to make it for her. You always learn from experience.



according to copyright law --- the minute you put implement to paper, that sketch was fully protected by copyright.

there is NO need -- repeat NO need -- to file any kind of paperwork to protect a creative work.

Therefore -- it is NOT her's legally until she has PAID you in full the value YOU assign to the sketch.

Closest analogy for use is how the plans an architect draws are not the client's until the client pays in FULL for them.

Thus -- if you do have a lawyer -- sic him/her on this lady with a polite letter demanding the original and any and all copies of it returned or you'll sue.

FURTHER -- under copyright law, you and only you, have the right to authorize the production of a work from your plan -- meaning anything made based on your design.

thus if she does have another baker make the cake according to your sketch -- you now get to sue both her AND the other baker!!!!




Sorry, but I'm pretty sure you have register your work in order to obtain copywright protection. Unless there's been some drastic change in the law I don't know about.

Doug Posted 19 Jun 2010 , 8:10pm
post #12 of 13
Quote:
Originally Posted by carmijok

Sorry, but I'm pretty sure you have register your work in order to obtain copywright protection. Unless there's been some drastic change in the law I don't know about.




no, they did change the law ....

see this PDF of the basic info pamphlet from the US Copyright Office.

http://www.copyright.gov/circs/circ01.pdf

---

it now takes effect immediately upon begin put in fixed form/tangible expression.

Registration is optional, tho' still recommended.

I've had to keep up with this because a) I'm a teacher b) I'm a journalism adviser -yearbook & newspaper (save me!), c) I direct theater.

When the law was revised they made all kinds of changes -- some good (this one) and some bad (just how long it takes for something to enter the public domain -- nigh unto eternity now it seems!)

NerdyGirl Posted 19 Jun 2010 , 8:25pm
post #13 of 13

The minute a work is put into tangible form, it's under protection. So, Doug's right.

I highly doubt all the talented cake artists on Cake Central pay a registration fee for EVERY original cake they make. However, those cakes are still protected.

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