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things NOT to ask/say to a baker! - Page 129

post #1921 of 3000

This happened a couple of months ago:  I made a graduation cake for a lady for Saturday (she asked me on a Thursday evening).  I reiterarted the order via text message, and she confirmed.  Come Monday morning, she texts me to say that the cake was too sweet and that she did not want that type of filling.  I told her that she confirmed the order and she's had this exact same cake previously.  I apologized and told her that I can reimburse her the $50 (yes, I charged her dirt cheap for a cake for 30 people).  She didn't want any type refund or anything.  Then, next thing you know she's asking for a birthday cake for her nephew for the upcoming Saturday.  She wanted the cake for 60 people and free of charge (since I "messed" up her last order).  I told her if she wanted a free cake it would have to be for 30 servings and I would charge her for the additional 30 servings.  She said no!--never heard from her again.  The nerve.

post #1922 of 3000

Quote:
Originally Posted by Toodee View Post

 

So she expected you to make it for free did she?

Not sure, since I let the conversation die there, but her words  "I saw the law it is allowable to do so with cakes as long as you do not charge for the fondant characters".  I'm guessing she was trying to say I could charge her for the cake and not the figures on it, however that would either be giving away work for free (which is never going to happen) or playing with semantics and incorporating the cost of the figures into the cake, which could easily be proven was done just by seeing that it is over my base price.  Either way, not going to happen.  

 

 

Quote:
Originally Posted by costumeczar View Post

I tell people this, pretty much verbatim: "I can't do any characters because that's a copyrighted character and you have to get permission from the copyright holder to do it. I'm sure you can find someone who doesn't mind breaking the law to make the cake, but I prefer to do things the right way, and it's illegal to do it."

 

 

That's pretty much what I do.  Never had an argument, 99% of the time I have people just tell me they had no idea and agree to purchase the figures for the cake.  Once in a while they just say they will get back to me and never do.  My initial response to this inquiry was:

 

Thank you for your inquiry.  We do have availability on the date requested.  As far as the theme, we can incorporate colors and background to match your theme, however it is illegal to reproduce copyrighted images (punishable by hefty fines), the characters you have requested fall under this law.  Please let me know if you would be interested in a design that includes details and background/colors to go with your theme.  If so, I will be happy to come up with design and pricing for you.

 

Her response to that was that she is confused by what I say is copyrighted as she sees hundreds of these type of cakes all over the internet and that she in fact sent me a photo of the cake she wants right off the internet.  

 

My reply was:

I can understand your surprise at finding this is illegal, considering so many bakers do replicate copyrighted images.  However, our business policyis to respect and follow copyright laws.  In some rare cases bakeries are able to obtain written permission from the copyright owner to duplicate the character.  In other cases the bakers are unaware of the laws or they simply chose to not follow them.  If you happen to be curious, a google search will give you some info and verify the law.  

 

Regardless, I'm sorry we couldn't accommodate your request.  Enjoy your event!

 

All the best,

 
At that point she replied that it was fine as long as I don't charge for the figures.  She had already said she will be looking elsewhere, so I didn't bother to reply.  There is really no point for me to enter into an argument with someone over the legalities of my business, I have an attorney who provides me with all legal advice I require.  
 
What I found interesting was that the wording of her emails seemed as if she were offended and taking it personally, I'm not sure I understand why - it's just a business decision, no criticism of anything personal.
 
**Sorry for all the different fonts, not sure why that is happening.
post #1923 of 3000
Quote:
Originally Posted by kaylawaylalayla View Post

Hello,
 
Thank you for writing, and for your patience in waiting for our reply in this busy time of year.  I appreciate your interest in Nintendo and all our video game products.  To us, it represents a great sign of success and recognition of the Nintendo brand.
  
We are grateful for all the requests we receive for permission to use Nintendo properties on cakes; however, we receive thousands of requests and do not have adequate staffing to review them all.  Therefore, our general policy is to decline all such requests, no exceptions.  I realize this isn’t what you wanted to hear and thank you for understanding.
  
Although we are unable to grant permission, use of Nintendo properties without our formal permission may still be allowed depending on the circumstances.  You are encouraged to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization.  This is not a comment on whether we believe your particular proposed use is permissible—Nintendo cannot provide legal advice.
 
Sincerely,
 
Alex Schuster
Nintendo of America Inc

This doesn't say that you should get a lawyer to see if you can still get permission, it's impling that if you want to use their images you'd better have a lawyer ready in case!

 

I've contacted NFL teams, baseball teams, Nike, Nickelodeon, colleges, liquor companies (Jack Daniels, Captain Morgan, etc), and some cartoons that are on PBS. Some say yes, some say no, some have restrictions on how often per year you can use their logos, and most of them say that you CANNOT put pictures of the cakes that you make with their logos online or use them in advertsing at all. Disney is a huge NO regardless, they have a whole page on their site about how to get a license and it includes baked goods. I have a feeling that it's pretty pricey, and you have to apply and be approved, it isn't a one-time use thing. Nickelodeon also says a flat-out no. Angry birds told one of my friends to take things off of her Etsy shop, but they gave someone else I know permission to use the birds on a cake. Most colleges wil say okay if it's for an alum, but some of them have really restrictive rules about which logos you can use. For most companies you can go to their websites and look at the bottom for links to their public relations or legal pages to see where to write for permission. I keep a folder with letters of permission that they send me, and you DO want to get something in writing.

 

I have to say that in general, I've found that football teams are pretty easy to get permission from, baseball teams are jerks, and basketball tends to be hard to contact. Just my experience.

post #1924 of 3000
I received a one time right from Eric Carle corp to make the Brown Bear. They got back to me within about a week.

This issue is maddening for me, I just can't respect bakers who blatantly ignore the law and then get their panties in a twist about cake photo or design theft.
There is at least one "big name" baker I follow on Facebook that does this.

But we are off topic again, aren't we?

I like cake too.
I homeschool because I don't believe in the mass production of human beings.
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I homeschool because I don't believe in the mass production of human beings.
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post #1925 of 3000

Thankyou for your replies! It's much clearer to me now...sort of, lol! So I'll just say that I think I'll avoid any character cakes in future and just stick to making them beautiful without the use of licensed characters. 

 

Mmmm......cake.

post #1926 of 3000

You can use licenced characters if you buy a figurine(s) (legitimate, not made unlicensed in China or elsewhere) or Decopac to put on the cake. You could ask the client to provide the figurine if you don't want to shop for it/order it.

There. Their. They're not the same.

 

I hope I die before "your" becomes the official contraction of "you are."

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There. Their. They're not the same.

 

I hope I die before "your" becomes the official contraction of "you are."

Reply
post #1927 of 3000
Quote:
Originally Posted by shanter View Post

You can use licenced characters if you buy a figurine(s) (legitimate, not made unlicensed in China or elsewhere) or Decopac to put on the cake. You could ask the client to provide the figurine if you don't want to shop for it/order it.

This is what I do. I order some of the more popular from Decopac. But more times than not I just tell the parent to buy a you or other topper. Honestly most of them don't push back.

Other bakers doing it makes it harder to explain. BUT that is life I suppose. i suspect it's easier to say no to a parent than it is to fight Disney in a court of law . Think about the next time somebody tries it with you lol.
post #1928 of 3000

And note that Decopac components are presumably (because they are made specifically for placement on cakes) food-safe, which may not necessarily be true of other figures, especially those intended as adult collectables, rather than as children's toys. Also note that Decopac licensed character kits do have guidelines for placement, that presumably should be followed as closely as the size and shape of the cake will permit.

 

But how did this thread even veer into that topic, when it has multiple threads of its own?!? I believe it's supposed to be about stupid, offensive, or chiseling (or more than one of the above) things people say to bakers.

James H. H. Lampert
Professional Dilettante

Web site: http://www.hbquik.com/jamesl

Flickr "baked goods" set http://flic.kr/s/aHsjvZvdTh

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James H. H. Lampert
Professional Dilettante

Web site: http://www.hbquik.com/jamesl

Flickr "baked goods" set http://flic.kr/s/aHsjvZvdTh

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post #1929 of 3000
Quote:
Originally Posted by morganchampagne View Post

This is what I do. I order some of the more popular from Decopac. But more times than not I just tell the parent to buy a you or other topper. Honestly most of them don't push back.

Other bakers doing it makes it harder to explain. BUT that is life I suppose. i suspect it's easier to say no to a parent than it is to fight Disney in a court of law . Think about the next time somebody tries it with you lol.
That is an excellent point!
post #1930 of 3000

How about something a baker likes to hear:

Oooooooh, thank you, thank you, thank you Auntie. I love my birthday cake. You are the very best Auntie in the world.

 

I know. I'm still off topic.

 

icon_biggrin.gif

There. Their. They're not the same.

 

I hope I die before "your" becomes the official contraction of "you are."

Reply

There. Their. They're not the same.

 

I hope I die before "your" becomes the official contraction of "you are."

Reply
post #1931 of 3000
Quote:
Originally Posted by shanter View Post

How about something a baker likes to hear:

Oooooooh, thank you, thank you, thank you Auntie. I love my birthday cake. You are the very best Auntie in the world.

 

I know. I'm still off topic.

 

icon_biggrin.gif

Awww, so sweet! Those are what make it all worth it! :) 

Before you ask- I'm licensed, inspected, insured, and all that jazz.
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Before you ask- I'm licensed, inspected, insured, and all that jazz.
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post #1932 of 3000

my favorite question from a customer is "Do you take food stamps?" When i tell them no, i get a response of "HARPS Supermarket takes them!" 

post #1933 of 3000
Quote:
Originally Posted by shanter View Post

How about something a baker likes to hear:

Oooooooh, thank you, thank you, thank you Auntie. I love my birthday cake. You are the very best Auntie in the world.

 

I know. I'm still off topic.

 

icon_biggrin.gif

 

I got one of those this past weekend, and I expect to get another (only it will be thank you grandma) this coming weekend.  Love it when that happens!

deborahanne

http://grandmasugarskitchen.blogspot.com/
http://fromlinetocolor.blogspot.ca/

Life begins at 325° F, and, yes, that IS powdered sugar in my hair.

Baby Shower
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Birthday Cakes
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deborahanne

http://grandmasugarskitchen.blogspot.com/
http://fromlinetocolor.blogspot.ca/

Life begins at 325° F, and, yes, that IS powdered sugar in my hair.

Baby Shower
(6 photos)
Birthday Cakes
(6 photos)
Christmas
(6 photos)
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post #1934 of 3000
Quote:
Originally Posted by costumeczar View Post

This doesn't say that you should get a lawyer to see if you can still get permission, it's impling that if you want to use their images you'd better have a lawyer ready in case!

hhmmmmmmm

Hey everybody! Check out google.com ! This is clearly an attempt to direct traffic onto that site and away from cake central. Because everyone knows you can only have one browser open!
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Hey everybody! Check out google.com ! This is clearly an attempt to direct traffic onto that site and away from cake central. Because everyone knows you can only have one browser open!
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post #1935 of 3000
Quote:
Originally Posted by shanter View Post

How about something a baker likes to hear:

Oooooooh, thank you, thank you, thank you Auntie. I love my birthday cake. You are the very best Auntie in the world.

 

I know. I'm still off topic.

 

icon_biggrin.gif

 

AS IT SHOULD BE!

 

LOL

 

I had one of those last weekend. I made my niece into a pink and purple superhero for her birthday cake. the filling was ice cream so we all looked at it for 10 seconds and then i had to cut it! but she loved it!

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