Originally Posted by CeeTee
What is Legal:
You can get a permit, open a bakery, and sell any kind of cake so long as it is your original design that does not resemble anything else ever made by any other legal bakery in existence. You can do a copyrighted cake only if you purchase the appropriate licenced cake deco kits from a licenced wholesaler.
From my understanding, I didn't think anyone could hold a copyright on a cake design. So while people may see it as rude or uncreative to copy the design of a cake from a bakery across town I don't know that there are any laws against it.
And why would it matter if a cake design was made by a legal bakery or not? Does that mean that a cake I do for my nephew for free is free gain to be copied, but a cake a bakery does is against the law for me to do?
I really do understand K8's point of view. I do think that if people are going to do cakes as a business they need to take measures to do it legally. But there are some people, like me, that has no desire to do this as a job. I cant realistically see spending the time hunting up a kitchen to bake in, cart my supplies over, and bake/decorate the cupcakes my SIL asked me to make for her AG kids or the cake my mom paid me to make for my dad. By the time I paid the kitchen rent I might as well just have paid them to take the cupcakes/cakes.
I do think there are some gray areas. Maybe one HD is very strict and fines people out the butt, and maybe there are other HDs that dont really mind as long as you stay under a certain number or will let you go with a simple dont do it again. If my HD comes up to me and fines me, then they do, and I will deal with it. But chances are that my mom or SIL is going to turn me in is very slim.
I feel more strongly about not doing character cakes than I do about baking me few cake I year I get paid for. I know that is a contradiction. A law should be a law should be a law. But again, to me gray areas.
I totally understand also, how those that did do the hard work and got their bakery set up can feel on the subject. I get that it is very frustrating to you when someone else in the area is doing things illegally or under the radar. And maybe if I was in your situation Id feel the same way, I dont know, and will never know. Because while I enjoy doing cakes I do not enjoy doing wedding cakes, do not want to bake cakes for the mass public and do not want to do cakes every day to pay the bills.
So where does that leave someone like me? And yes I know the answer would be, do cakes for free, but frankly I cant afford that. I also dont see why I should take a hit financially, when I know those asking for the cakes can afford to pay me for them.
So I either never do any cakes because I cant afford to give up my time and supplies or I sell a cake here and there to family and friends that want it and appreciate it. Ive made a decision I can live and sleep with.
To the original poster, there are as mentioned some hot button topics. This apparently is the major one now, because every time someone posts about doing a cake we (yes I have too) have chimed in about knowing the rules in their area.
We all need to be aware of the rules in our area but we need to remember that not everyone is going to quit their day job and sell cakes out of their home or even start a second job doing cakes out of their home. I do worry that we are going to start scaring people off with the legal/illegal debate every time a question comes up. This board is about sharing and helping each other, in a friendly manner.
This is my opinion. I have the right to it as you have the right to yours. You dont have to agree with mine and I dont have to agree with yours.