Cake Photoshoot/party Layout For Local Business

Business By PrivateNameHere Updated 2 Jul 2011 , 8:17pm by alleykat1

PrivateNameHere Posted 29 Jun 2011 , 11:17am
post #1 of 13

Hi!
I make cakes for one of our local kids' play area/coffee shops. I do cakes for free membership and coffee. It works for me. Anyway. I've been doing it for about two years, but I only make maybe one cake every two months or so. I think the manager rotates me with another baker (which is fine by me!) They do birthday parties there. I have never seen a "theme" party there, but I know they do decorations and whatnot. I have done some Elmo, Sesame Street, Princess, Monkeys, Dora and Diego, that sort of thing. Just a spattering of themes.
I got an email from their new marketing manager who is planning a "fake" party so they can do a photoshoot. She has asked me to provide her with pictures of the cakes I've made for them (no problem) and then she can decide what cake she wants me to make for the shoot (I guess what theme hasn't been covered?) Well, through emailing she has made it obvious that if I don't have most of the themes she wants me to "send me pictures of examples that I would make for that theme". As in pictures of other people's cakes to put on their website and portfolio and pass off as my own. She hasn't said "pass off as your own" but it's definitely implied if they are going to put my name under "Cakes Provided By".
How do I tactfully tell her that I will in no way do this and ask her to not do this under my name?

12 replies
Brevity Posted 29 Jun 2011 , 11:50am
post #2 of 13

I would simply tell her that people have gotten into a fair amount of trouble over that sort of thing, & you just can't. If you're willing to jump thru the hoops for this business, you could always make a cake for the picture, that meets her wants/needs.
............you don't seem to mind stepping on copyright toes, however. You may not be taking money, but it sounds like you're still being compensated on a public level for Elmo, Dora, etc.

scp1127 Posted 30 Jun 2011 , 8:11am
post #3 of 13

Copyright and trademark infringement have nothing to do with compensation. The guilt is there even when the item was free. You should read the current thread concerning this subject.

howsweet Posted 1 Jul 2011 , 3:36am
post #4 of 13

They probably know it's wrong and don't think they'll get caught, but it's a really small world out there. About 6 months ago I got an email from S America because someone there had created a Facebook page using just my cakes. I don't know what they were going to do if someone ordered a cake. lol

Also more recently I got an email from someone in another state telling me they saw one of my cakes being used on a local bakery's website. When I called them - they had the gall to be mad at me because someone had posted the truth on their blog and "what if a customer had seen that"! Seriously?!!!

I never would have known about either of those, but somebody's always watching. Usually a competitor.

PrivateNameHere Posted 1 Jul 2011 , 5:53pm
post #5 of 13

Okay, I got it, I'm a horrible person for copyright infringement. Is there any advice you may have on telling the marketing manager that I am unwilling to offer up pictures of other people's work to pass off as my own without sounding like I am calling her a cheat?
I will read that thread now. Thanks.

scp1127 Posted 1 Jul 2011 , 6:06pm
post #6 of 13

Private, google copyright and trademark infringement and you will have a multitude of sites that explain the laws and penalties. Just bring them to the company.

You are not a bad person, but now just one of those people who won't get that summons in the mail. This is what this site is for. I already knew this, but on CC, I have learned ganache, IMBC, how to smooth buttercream... you get the point. We all learn something here or we wouldn't be on the site.

alleykat1 Posted 1 Jul 2011 , 6:10pm
post #7 of 13

are you using their pics or are you using the pics as inspiration to make your own actual cake similar to theirs to take a pic of yours that you made to take the pic of for the site?

Mookie122 Posted 1 Jul 2011 , 6:12pm
post #8 of 13

I have a question...If making a cake of Dora, Elmo etc. are such an infringement (for sale or not) then why are specialty or noveltity pans sold. There aren't any restrictions on those as for as I know.

Cakeuhlicious Posted 1 Jul 2011 , 6:21pm
post #9 of 13
Quote:
Originally Posted by PrivateNameHere

Okay, I got it, I'm a horrible person for copyright infringement. Is there any advice you may have on telling the marketing manager that I am unwilling to offer up pictures of other people's work to pass off as my own without sounding like I am calling her a cheat?
I will read that thread now. Thanks.




I wouldn't address it as though she is trying to cheat the system, I would address it as though she simply doesn't understand what she is asking you to do (even if you know she does). Something like:

"[her name here],

I would be happy to send you all of the designs I have available. Unfortunately, due to copyright laws, I'm unable to supply photos of other decorators cakes, even if they are similar to the cakes I will be providing for your events, in association with my business."

If you're willing to do so, I would simply ask her to provide you a list of themes she would like to see that you've not provided and create a few dummy cakes for their website as a courteousy.

Brevity Posted 1 Jul 2011 , 7:41pm
post #10 of 13

Because the novelty pans are made with the intention that 'mama's making her kid a birthday cake' - not selling it, or putting it in the public eye.

jenmat Posted 1 Jul 2011 , 7:58pm
post #11 of 13

why not just buy a few dummies and decorate some cakes to meet their needs?

PrivateNameHere Posted 1 Jul 2011 , 11:37pm
post #12 of 13

alleykat: I am providing her with pictures of cakes I have already designed and decorated. Let's say she wants to have Dinosaurs, Pirates, Monkeys, and Frogs. Well, I have already made cakes with dinosaurs, pirates, and monkeys, but never one for a frog party. So she wants me to find a picture of someone else's frog cake and giver her that to put beside their theme. Does that make sense?
Because the novelty pans are made with the intention that 'mama's making her kid a birthday cake' - not selling it, or putting it in the public eye.
Copyright and trademark infringement have nothing to do with compensation. The guilt is there even when the item was free.

Which of these is correct? Can I make a Dora cake for my niece, as long as the party is not at a bouncy house but is inside a private residence?
I don't have the time or money to decorate numerous cakes for them, so dummy cakes are out.
I think I will just tell her what Cakeuhlicious said if it comes down to it. Thanks, lady (or gent)!

alleykat1 Posted 2 Jul 2011 , 8:17pm
post #13 of 13

oh ok I see no I would not do that at all with the pics of someone elses cake..as far as the charater pans as far as i understand it is ok to make one for your neice for her party but if you are selling them that is a no no..I don't know about if you just give those away to strangers...thanks for explaining

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