How Much Should I Charge For A Cake Like This? I Am Not Good At Knowing What To Charge

Baking By ckpeaches Updated 4 Sep 2013 , 5:02am by Smckinney07

sixinarow Posted 2 Sep 2013 , 12:11am
post #31 of 68

This is an older article, but it does a pretty good job of spelling out copyright infringement.

http://money.cnn.com/magazines/fortune/fortune_archive/1997/12/29/235894/

 

It's not fun to talk about laws, I got chewed out royally a few days ago for addressing that issue. But in a nutshell, it comes down to this:  you have to protect yourself and your family. The customer doesn't care if you get in trouble and will try to talk you into making copyrighted cakes, but is it worth a fine that goes all the way up to $100,000 to sell a couple hundred dollars worth of character cakes? For me, it would completely devastate my family financially, so it's just not worth it. I'm not a gambler, and I don't have great luck, so I'm going to err on the side of caution, that even if the majority of bakers who do make copyrighted cakes don't get caught, I just don't want to risk my children's financial future.

JWinslow Posted 2 Sep 2013 , 12:11am
post #32 of 68
Quote:
Originally Posted by jason_kraft 


Publicly displaying a cake made with a copy of someone else's copyrighted work without permission is also considered infringement, even if you don't sell it.

 

Quote:
Originally Posted by texas_mom 

JWinslow-I was asking because I do not sell my cakes but I do use the ideas (example my Avatar photo) .  So I can not  show my cakes either ?  I know you said we can not sell, advertise or promote our cakes but I am not selling them, promoting or advertising  only showing what I like to do, is still illegal to show what I like to do.

 

I cannot debate the legalities of all the details, I can only tell you that I was seeking permission for a cake I was Giving away and after our conversation the attorney made it clear that if I was giving it to my girlfriend as a present and not for profit in anyway, and I quote "there is nothing I can do to you" - they cannot prove damages).    If you are displaying to promote your cakes and or business in anyway, then it is crossing the line.  As far as your Avatar is concerned - I would consider Jason's advise even though I don't think they are checking our avatars.  As long as you keep in mind that they want to make the $ from plastic characters etc, it gets a easier to see why these companies are sending more and more Cease and Desist letters to bakers.  I get it,  but it's a shame that these companies don't interpret a character cake as free publicity.  But hey, the law is the law.

texas_mom Posted 2 Sep 2013 , 12:15am
post #33 of 68

smckinney - thank you for the information.  I will take all this new information and apply to my cakes. 

Florez03 Posted 2 Sep 2013 , 12:21am
post #34 of 68

AExcuse me I think you should watch your mouth and act like an adult before you name call somebody. I have the right to make my opinion just like everyone else does. Yes I'm a newbie to the site and that's it so know what your talkin bout. Just cuz u sell cakes at ridiculous prices don't mean I'm going to. If your a professional act like it.

texas_mom Posted 2 Sep 2013 , 12:21am
post #35 of 68

Ok just to check again.  If I bake a cake and add plastic licensed figures and give them away for free.  I am ok in doing so ? 

sixinarow Posted 2 Sep 2013 , 12:23am
post #36 of 68
Quote:
Originally Posted by texas_mom 

Ok just to check again.  If I bake a cake and add plastic licensed figures and give them away for free.  I am ok in doing so ? 

Yes. But don't use it in your portfolio or website.

texas_mom Posted 2 Sep 2013 , 12:29am
post #37 of 68

sixinarow- Thank you, I never did this for profit just a hobby but I wanted to make sure I do it right.

DeliciousDesserts Posted 2 Sep 2013 , 12:29am
post #38 of 68

A

Original message sent by Florez03

Excuse me I think you should watch your mouth and act like an adult before you name call somebody. I have the right to make my opinion just like everyone else does. Yes I'm a newbie to the site and that's it so know what your talkin bout. Just cuz u sell cakes at ridiculous prices don't mean I'm going to. If your a professional act like it.

Not sure to whom you are addressing.

I went back to look at all the posts since yours, and I don't see anyone calling anyone else any names.

ckpeaches Posted 2 Sep 2013 , 12:31am
post #39 of 68

thanks for all the input the cake i displayed i did not make or sell someone asked if i could make and sell a cake like this one but i have no clue about pricing i have made and sold things for ppl before but am sure i undercharged i just don't know if my stuff is good enough and worry i am overcharging, i would like to eventually make this a business and i do have the selling license, 

texas_mom Posted 2 Sep 2013 , 12:33am
post #40 of 68

Oh and I can either buy the ingredients or have the ingredients furnished as long as no money is exchanged and it's  legal ?

ckpeaches Posted 2 Sep 2013 , 12:33am
post #41 of 68

Also i have looked into the character law and you can put a toy on top if you purchase one such as from the store and them its not considered illegal.

BatterUpCake Posted 2 Sep 2013 , 12:35am
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she was talking about troll and just assumed it was about her....

DeliciousDesserts Posted 2 Sep 2013 , 12:37am
post #43 of 68

ATo answer one of the questions, I contact the legal department of the owner of the copyright.

USC publishers on thier website contact information for a one time use permission. I've never been declined.

University of Clemson publishes terms of use and encourages replicas that fall within the guidelines.

The makers of Crown Royal generously awarded me permission a did CBS & Survivor.

I have replicated Disney mouse ears for my niece. There is no photo of it on my professional website, but it is in my gallery here.

I have also infringed upon the Dr. Seuss characters....many of them. It was for my sons first birthday. I did not seek permission. I did post it here on CC. It is my only cake that ever made the favorites list. It is also on my professional website. While I did no seek permission before making it, I did send a photo to the publicist for Mrs. Seuss as well as one to random house. I realize this is dancing the line. They neve responded with a yes. For this one cake, don't care. If I ever get a cease letter, ill remove it.

Smckinney07 Posted 2 Sep 2013 , 12:48am
post #44 of 68

A

Original message sent by Florez03

Excuse me I think you should watch your mouth and act like an adult before you name call somebody. I have the right to make my opinion just like everyone else does. Yes I'm a newbie to the site and that's it so know what your talkin bout. Just cuz u sell cakes at ridiculous prices don't mean I'm going to. If your a professional act like it.

Wow, I assume that was directed towards me. Again, I will say my comments aren't meant to be hurtful or offensive. I'm not sure what 'name calling' you're referring to, you most certainly are entitled to your opinion as am I. I don't care if your new at this or old, I don't care if you sell your cakes or give then away for free. I don't charge ridiculous prices but I do this to make a living, I charge accordingly. I come here to learn and to hopefully give back, there's no judgement and I don't think I'm better then you or anyone else.

Smckinney07 Posted 2 Sep 2013 , 12:57am
post #45 of 68

A

Original message sent by ckpeaches

Also i have looked into the character law and you can put a toy on top if you purchase one such as from the store and them its not considered illegal.

Yes, that's what we meant by backgrounds and adding a purchased toy or the deco packs like they put on grocery store cakes. Obviously, you can do whatever you want lol we just want you to be aware. I've sold character cakes or designer purses in the past before I realized it wasn't legal, I just chose not to anymore.

As for selling and being in business it depends on your state. The cake you posted in this forum is clean and nice, I wouldn't say it if I didn't think it was good ;)

BatterUpCake Posted 2 Sep 2013 , 1:07am
post #46 of 68

I am doing a shoe and shoe box cake. I so bad wanted to use Manolo Blahnik's logo and even went so far as to print it out. But then my conscience wouldn't allow it. (plus my shoe is not worthy of the name! lol) So the customer's last name is Lamb so I made a logo with a shoe clipart and "Lamb Couture" It's really cute and I think it will be more special to her. My first cake I made was a Minnie Mouse for my granddaughter. And I did some practice Sesame Street cupcakes and cave them to the neighbors. I would love to capitalize on the character cakes. I am making some dummy cakes as a vendor for a children's event. Sophia the First, Jake and the Pirates, Tink, and Doc McStuffins. I am buying licensed toys for all. My profit margin may be lower but I will be legal.

JWinslow Posted 2 Sep 2013 , 1:10am
post #47 of 68
Quote:
Originally Posted by BatterUpCake 

I am doing a shoe and shoe box cake. I so bad wanted to use Manolo Blahnik's logo and even went so far as to print it out. But then my conscience wouldn't allow it. (plus my shoe is not worthy of the name! lol) So the customer's last name is Lamb so I made a logo with a shoe clipart and "Lamb Couture" It's really cute and I think it will be more special to her. My first cake I made was a Minnie Mouse for my granddaughter. And I did some practice Sesame Street cupcakes and cave them to the neighbors. I would love to capitalize on the character cakes. I am making some dummy cakes as a vendor for a children's event. Sophia the First, Jake and the Pirates, Tink, and Doc McStuffins. I am buying licensed toys for all. My profit margin may be lower but I will be legal.

Love Lamb Couture!  Nice idea

Smckinney07 Posted 2 Sep 2013 , 1:17am
post #48 of 68

ABatterUp: I love the Lamb Couture! Too cute, I saw the shoe as well looks good!

ckpeaches Posted 2 Sep 2013 , 1:21am
post #49 of 68

and i do really appreciate the feed back i had no clue till now about the character cakes. i am very new at selling my stuff i only started making cakes 2 yrs ago and that was just for my immediate family so i am clueless when it come to the business end that's why i joined here to see if i could get help.

morganchampagne Posted 2 Sep 2013 , 1:41am
post #50 of 68

Smickinney07, yeah youre correct. it was a friend of mine who lost her business over some copyright infrigement. ever since that Im paranoid, and i try to explain that to everybody so that it doesnt happen. 

BatterUpCake Posted 2 Sep 2013 , 1:46am
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Morgan did she even get a cease and desist letter? So scary that one mistake can ruin your world

morganchampagne Posted 2 Sep 2013 , 1:52am
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AShe did. She took it out of her portfolio but accidentally left it on her website. After that they sued her. And rightfully so. She didnt take it seriously enough and she ended up paying for if a great deal

kikiandkyle Posted 2 Sep 2013 , 1:53am
post #53 of 68

AI don't want to be the bearer of bad news but Lamb is a brand too, including shoes that go for almost as much as Manolos.

BatterUpCake Posted 2 Sep 2013 , 1:55am
post #54 of 68

is the name of the company Lamb Couture? Is their logo 2 shoes back to back with shadows?

 

Just looked them up and they are L.A.M.B....don't worry me like that woman!!!

kikiandkyle Posted 2 Sep 2013 , 1:59am
post #55 of 68

AWith regard to the big name bakers that do character cakes, I find it hard to believe that they don't know the law but then again I can't believe they'd all just ignore it either. It's very confusing.

kikiandkyle Posted 2 Sep 2013 , 2:01am
post #56 of 68

A

Original message sent by BatterUpCake

is the name of the company Lamb Couture? Is their logo 2 shoes back to back with shadows?

Just looked them up and they are L.A.M.B....don't worry me like that woman!!!

I'm sure that as you won't be using their logo or anything, it will be fine. Just don't make a shoe that looks like one of theirs!

Smckinney07 Posted 2 Sep 2013 , 2:33am
post #57 of 68

ACKPeaches-What state do you live in? I learned a lot from CC (I am still learning)! When I first started I mimicked the prices of other cake decorators in my area, pricing a bit lower because I wasn't as experienced it seemed logical at the time. Im not saying this to sound cocky but my work was just as good, if not better then most (very dated, old school pillars and character pan cakes are my main competition). I realized I needed to focus on my own work and what made me different, my competitive edge and customer base (Jason Kraftt's blog will be super helpful to you). I didn't realize that I wasnt charging for my time, I did more detailed work, I didn't realize I had overhead, I didn't price out my recipes, materials, etc. so I stepped back and did my pricing properly, luckily it didn't take me long to realize I wasn't charging accordingly. I wouldn't worry about overcharging, more often then not we make the mistake of undercharging. Once you figure that out and marketing (after you get legalized) you'll also want some sort of contract, insurance, I could go on and on. But in the meantime you can practice decorating on cake dummies to build your portfolio, recipes perfected, I don't know your skill level but you seem to have the basics down (icing a cake, covering with fondant, etc.). Everyone here is really helpful and we will give you honest, feedback if you ask for it.

Morgan-I thought that was your story! It is scary to think of something like that happening!

BatterUp & KiKi-It is super confusing! I've seen celebrity professionals teaching classes with cakes that include copyright characters, I don't understand that at all! I assume they get permission. It is so common and there are still decorators in my area that will make them so when a customer comes to me asking for something like that I explain that it's for both of our protection. I wonder sometimes if they think I'm lying or something lol.

Godot Posted 2 Sep 2013 , 2:59am
post #58 of 68

A

Original message sent by Florez03

Excuse me I think you should watch your mouth and act like an adult before you name call somebody. I have the right to make my opinion just like everyone else does. Yes I'm a newbie to the site and that's it so know what your talkin bout. Just cuz u sell cakes at ridiculous prices don't mean I'm going to. If your a professional act like it.

WTF?

kikiandkyle Posted 2 Sep 2013 , 3:04am
post #59 of 68

AI know right, so professional!

shanter Posted 2 Sep 2013 , 6:03am
post #60 of 68

and acting "like an adult"?

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