ckpeaches Posted 1 Sep 2013 , 4:46pm
post #1 of

1305531_10202023394534787_753500816_n.jp

81 replies
Godot Posted 1 Sep 2013 , 4:53pm
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A20-30 bucks should do it.

kikiandkyle Posted 1 Sep 2013 , 5:05pm
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AZero unless you have permission to use the licensed characters.

jenng1482 Posted 1 Sep 2013 , 5:49pm
post #4 of
Quote:
Originally Posted by kikiandkyle 

Zero unless you have permission to use the licensed characters.

She's right.  You cannot charge anything for a cake using licensed, copyrighted, and/or trademarked characters, logos, or designs.  

 

Without the characters, I would charge $122.  I am in South Dakota and the market here is not the greatest

remnant3333 Posted 1 Sep 2013 , 5:50pm
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Your cake is cute!!! I only do for a hobby so I would not know how much you should charge.
 

jason_kraft Posted 1 Sep 2013 , 6:15pm
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ABesides the copyright issue (you would need permission from Sesame Workshop to reproduce Cookie Monster's likeness) we don't know how big the cakes are.

Pricing will be dependent on your costs and your local target market. Click the Pricing Formula link in my signature below for more info.

morganchampagne Posted 1 Sep 2013 , 6:24pm
post #7 of

AI have a question..why would you open for business and take orders without set prices? That's the most basic part of the business. I'm not trying to be mean but I'm just really curios

morganchampagne Posted 1 Sep 2013 , 6:44pm
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AYour cake is quite nice though. You could probably be doing quite well if you got your prices together

ckpeaches Posted 1 Sep 2013 , 6:52pm
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i only do cakes for family usually at home but i have had a few ppl want them so i am not really a business 

MimiFix Posted 1 Sep 2013 , 7:29pm
Quote:
Originally Posted by ckpeaches 

i only do cakes for family usually at home but i have had a few ppl want them so i am not really a business 

 

If you take orders and you are paid, you are running a business.

 

Running a business includes (but is not limited to) having the proper food handling license, paying income taxes, and operating as a professional.

Smckinney07 Posted 1 Sep 2013 , 8:02pm

AIf your selling cakes you're running a business, even if it's just a few cakes a week. Please don't take offense we are simply trying to help you. Your cakes are nice, if you're going to take orders, do it right. Call the local health department and ask about your Cottage Food Law/Food Proccessing, some states require minimal effort to legally sell directly from your home. Check out the pricing forums and Jason's matrix, price out your costs, time, etc. Then you can comfortably charge what your cakes are worth.

Florez03 Posted 1 Sep 2013 , 8:32pm

AMe personally would charge around 60 and do the smash cake for free. I don't know why everyone can't just answer the question you asked, and leave everything else alone. Good luck with the cake it looks good.

jason_kraft Posted 1 Sep 2013 , 8:42pm

A

Original message sent by Florez03

Me personally would charge around 60 and do the smash cake for free. I don't know why everyone can't just answer the question you asked, and leave everything else alone.

For one thing we have no idea how big the cake is, so I'm not sure how you can price something without knowing how many servings it is.

There are also several other facets to this question (including local costs and market values), so if you just throw out a price you are really doing OP a disservice.

kikiandkyle Posted 1 Sep 2013 , 8:49pm

ABecause simply giving a number that will likely see the OP make little to no profit while also working for a dollar an hour, and not bothering to let them know that they are leaving themselves liable for copyright infringement, as well as possible health code violations, isn't really that helpful.

icer101 Posted 1 Sep 2013 , 8:52pm

I love your cake. You did a wonderful job!!!!

Florez03 Posted 1 Sep 2013 , 9:13pm

AAny one who's been on here know' s the laws because in every thread I read some one brings it up. All I'm saying is if someone asks bout the laws then yes go ahead and answer, but that's not the case here. Bringing up something no one asks is irritating. And you just sound paranoid. I usually don't say nothing but it's starting to be habit with every thread I read, when they didn't even ask that question. Your jumping on their back bout laws nd everything which isn't cool. Let them ask before you go off bout every little law. I'm not trying to argue just saying what I feel. Have a good day every one.

DeliciousDesserts Posted 1 Sep 2013 , 9:27pm

AFlorez, the irritation you feel at seeing the same answer over & over again is the same irritation some of us feel at seeing the same question over & over.

This is a public forum where everyone is encouraged to provide an opinion. No, it's not the answer most posters want to get, but it is the correct answer.

The question asks what s/he should charge. The answer is nothing because it is illegal I charge for something protected by copyright. Unless s/he is licensed, it is illegal to charge anything. THAT is the honest answer like it or not.

It's also difficult to answer without knowing specifics.

These are the same answers I would give and questions I would ask not only to OP but also to a potential client.

If you are having difficulty setting prices, do the homework.

Furthermore $60 is ridiculous! At the least, that cake is a 6" & 8" and would serve a minimum of 35. That price is less than $2 a serving.

MimiFix Posted 1 Sep 2013 , 9:50pm

Troll alert!

shanter Posted 1 Sep 2013 , 9:55pm

I think Mimi is right.  thumbs_up.gif   I am sooooo tired of newbies joining just to tell off experienced cake bakers/decorators/sellers!

ckpeaches Posted 1 Sep 2013 , 10:46pm

ok so if i buy a cookie monster topper would it make the cake legal?

kikiandkyle Posted 1 Sep 2013 , 11:00pm

AOnly if its a licensed topper, if you're looking at the ones on Etsy or eBay its likely that they're not.

texas_mom Posted 1 Sep 2013 , 11:25pm

I see many cakes in the galleries posted daily and many are made by professional bakers.  Some are Cat in the Hat, Alice in Wonderland themes etc. and non of them have legal cake toppers.  How are you professional getting permission to use the themes and likenesses on your cakes from all these copyrighted images ? Please don't get defense, I am just asking.

morganchampagne Posted 1 Sep 2013 , 11:30pm

A

Original message sent by texas_mom

I see many cakes in the galleries posted daily and many are made by professional bakers.  Some are Cat in the Hat, Alice in Wonderland themes etc. and non of them have legal cake toppers.  How are you professional getting permission to use the themes and likenesses on your cakes from all these copyrighted images ? Please don't get defense, I am just asking.

Most of then aren't lol. Alot of people just choose to believe the copyright laws don't exist. Some companies will allow you to use it, you usually have to call or email.

JWinslow Posted 1 Sep 2013 , 11:30pm
Quote:
Originally Posted by ckpeaches 

i only do cakes for family usually at home but i have had a few ppl want them so i am not really a business 


I just wanted you to know that I talked to the copy write attorney for Sesame Place when trying to get permission myself.  Their policy is"  They do not give permission.  You cannot sell, advertise or promote your character cakes.  When you get your license and inspected you can not show them in a portfolio as this will also constitute copy write infringement. 

 

If you are thinking of opening a business, it is really important that you do it the right way.  Get your required certificates/license and insurance and take the classes required.  Take a good look at Jason's signature line and read his blog.  You will still have a ton of questions as you should, but it is important for you to learn to price your cakes and nobody can tell you what that is.  You must do the research and the work yourself because everyone, every cake, every location and ingredients are all different.

 

Do not take offense with people who really know what they are talking about.  I have learned a great deal from these bakers/decorators over the past 3 years - some of it really hard to listen to but necessary and I am so glad I did.  I have moved in all the right directions in all the right ways.  You will too. 

texas_mom Posted 1 Sep 2013 , 11:42pm

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.

jason_kraft Posted 1 Sep 2013 , 11:49pm

A

Original message sent 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.

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.

scrumdiddlycakes Posted 1 Sep 2013 , 11:52pm
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.


She was saying that in regards to illegal character cakes, of course you can show your cakes.

texas_mom Posted 2 Sep 2013 , 12:05am

Jason-kraft, Thank you, I  just find it so confusing that many professional cakes that have been sold and eventually displayed here and show up in search site like Google with the likeness of Gucci purses, Christian Louboutin shoes, etc. are being sold, promoted and advertised. So I can assume that all this cake have permission from the companies.  Getting permission to use the images must take a lot of work.     I guess since my Avatar has a cake with likeness to other cakes and images it is time to remove it ...

Smckinney07 Posted 2 Sep 2013 , 12:07am

A

Original message sent 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 believe it was MorganChamp's friend (correct me if I'm wrong) actually learned that lesson the hard way, she had a very hefty fine to pay over a suit. I've seen many decorators do it, but from what I understand they are starting to really 'crack down' on copyright infringement, they have computer programs that larger companies are starting to utilize. Someone else jump in if I'm wrong and I'm certain Jason and others know much more specifics then I do but you can create a background or scene and purchase licensed toys or figurines to add to your design. But your avatar for example, could even get your customer in trouble for posting on FB. I originally thought it was just recreating for profit was illegal but now I just don't do anything but backgrounds for my safety and my customers. Again, correct me if I'm wrong. It certainly can be confusing!

Florez-Not everyone searches through previous threads, we are simply trying to inform others. As DD explained it is frustrating from both sides, however, I strongly encourage you and others to listen to these members. Many run (have ran) successful business' I still learn from these men and women daily. I for one would rather be over informed then misinformed, it has helped me avoid some business mistakes and grow in my profession.

How can anyone realistically gauge or honestly price someone else's work?! Size, shape, design, overhead, areas, ingredients, time...all go into considerations when pricing. Most people undercharge and don't even realize it. I wouldn't charge less then $2/serving that I can tell you.

Smckinney07 Posted 2 Sep 2013 , 12:09am

A

Original message sent 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.

If I sell a Sesame Street cake to a customer and they display it they can get into trouble as well, do I have that right?

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