I got a call from a friend of mine and was a little stumped. The request was for a cake for her daughters birthday this saturday night. They picked a Wilton Ballerina Pan and wanted to know if I could do this for her. I'm not 100% sure but I view these as the simple straight forward version of sculpted cakes for home decorators. As a scratch baker with custom 3D designs I feel this isn't going to be much of a challenge. Could I even charge for this? They are supplying the pan... I'm stumped...
Why wouldn't you charge for it? Wouldn't you still be baking a cake and making icing and decorating a cake?
The only think I would look into is to see if that pan is a 'home use only' pan. I don't think it is, but there are a couple of that aren't well known copyrighted characters that are marked 'home use only.'
If you are a scratch business, require that the cake and icing be your recipes. I think going out of your design comfort zone is your call. My niece wanted a certain cake that was not in line with my business style. I am an artisan bakery and do not do 3d cakes. I said, "No, but this is what I can do." She wanted a 3d bulldog. I offered a three tier scratch cake, covered in school colors, with paw prints and bulldogs, additional "chocolate" candy bulldogs on sticks in school colors on a decorated display, plus coordinated cake pops. She said that was ok. A few days later, my daughters said that they read on Facebook that her mother was asking if anyone knew someone who could do this cake. Her friends know I have a bakery. People gave phone numbers and names of a bunch of unlicensed cakers in the area, and my sister-in-law said that she would call them. I sent her a text saying that since she was still looking for that particular cake after she ok'd mine and I spent the time finding the elements on the internet, I would not be doing the cake. This family is barely making ends meet and I offered a $300 cake plus all of those extras for free and that obviously wasn't good enough. She even called Duff! She got an education there about what she gave up. I don't regret my decision. Stick to what is right for your business.
Thanks for quick replies. I did look up the cake pan to make sure it was not a home-use only pan, always my first concern with anything commercial like wilton pans, disney, pixar, etc I dont' want to run into copyright issues. I will be using my own recipes. She offered to pick up cake mixes. I politely declined as I know her intent was to make this as easy as possible with calling today for a Saturday party. The time won't take long at all. I just did a "Sully" cake for my daughters 2nd birthday. Just his face and it took 20 minutes to pipe. But even with that they pay $13 for the pan or $7 since Michael's had a sale near by, I wouldn't charge less than $40 based on cost and time. That is probably why I would buy my own cakes lol
I did look up the cake pan to make sure it was not a home-use only pan, always my first concern with anything commercial like wilton pans, disney, pixar, etc I dont' want to run into copyright issues.
Sorry, but all Wilton character pans are for "home-use" only. None of them are to be used for cakes that will be sold.
You can read more here: http://sdbytracy.com/copyrules.htm
Posted on CC by mittmitt
Wed Jul 12, 2006 10:22 pm
I emailed Wilton and asked them that same question, and this is what they sent me:
Thank you for visiting our website!
All of the licensed products developed and distributed by Wilton are for
home use only. Consumers may not utilize character molds, pans, etc.
for commercial use. Our license agreements preclude us from authorizing
this type of activity. If you are interested in obtaining a license
from a particular licensor, in order to produce licensed candy or bakery
goods on a commercial basis, you would need to contact the licensor and
discuss with them directly.
Below is a copy of the licensed products guidelines. Let us know if you
have any further questions.
LICENSING GUIDELINES ON PRODUCT USE
All licensed characters shaped cake pans, candy molds, Cake Top!(tm)
Edible Cake Decorations, candles, toppers and cookie cutters are for
consumer home use only. Stores/shops cannot make cakes, cookies or
candies from our licensed products and sell them to consumers. These
"mold making items" are strictly prohibited for any type of commercial
use since the licensor has neither the method to control the quality of
the reproduction of the character nor the ability to earn royalties on
sales of the "made" products. This applies to both baked and craft-type
products.
Free-hand or copies character designs cannot be drawn or iced on top of
a cake, cupcakes or cookies and sold for any type of commercial purpose.
Once again, the licensor cannot control the quality and is not earning a
royalty on product created around their characters.
Licensed pans cannot be rented to consumers by stores since, once again,
the licensor is not earning a royalty from the transaction.
Generally, creating any type of image that looks like a licensed
character that is sold for commercial purposes is prohibited unless
there is specific licensing agreement with the licensor for that product
and royalties are paid each time the product is sold.
They told me this in another e-mail:
Products developed and distributed by Wilton are for home use only, and
the products cannot be sold.
If you are interested in obtaining a license from a particular licensor,
in order to produce licensed candy or bakery goods on a commercial
basis, you would need to contact the licensor and discuss with them
directly.
When they say commercial purposes, they are talking about home selling as well. So my thinking is we are wasting out money buying character pans if we cant make and sell them.
Rae
The ballerina cake pan can be used....on all of the character pans it is stamped on the back of the pan "For Home Use Only" I have shaped pans from Wilton & on the ones that can't be used commercially will have "For Home Use Only" on the pan. It also has the only company name that have trademark that image...for example Diego also has Viacon on it. So it is safe to use the ballerina cake pan you are not breaking any trademark by using that pan. It is a generic design that can be made many different ways
The ballerina cake pan can be used....on all of the character pans it is stamped on the back of the pan "For Home Use Only" I have shaped pans from Wilton & on the ones that can't be used commercially will have "For Home Use Only" on the pan. It also has the only company name that have trademark that image...for example Diego also has Viacon on it. So it is safe to use the ballerina cake pan you are not breaking any trademark by using that pan. It is a generic design that can be made many different ways
Well, not according to the e-mail QUOTED from Wilton that I posted above.....It states, "Products developed and distributed by Wilton are for home use only, and the products cannot be sold."
So, even though the ballerina is not recognizable as a licensed character, like Diego, Wilton is the developer & distributor ergo making the product "for home use only" by default.
Rae
The Wilton email says, "licensed". Not all Wilton pans are licensed. Platinumlady is correct. I don't use them, but I have the monkey from my Wilton class. Just read the back of the pan and follow the email from Wilton. If it is a trademarked character, it will be stamped on it.
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