Happy Sugar Baking Land

Merci Beaucoup Shop Talk: Cakes and Copyrights

I started drafting this "Shop Talk" on copyrights back on July 3rd.  I can now see September from my couch!  I have never had a bigger headache in composing a post than this tangled web of double speak and vagueness known as copyright law.  In front of me is a small yellow pad filled with handwritten notes.  I had to create a whole new bookmark folder just for all the links and websites I've come across.  I've watched hours of online videos.  There is literally an endless stream of copyright information and all of that combined with my first draft of over 14,000 words (!!) has pointed me to one very simple answer: I am not smart enough to figure this out!

If you want to know if you can reproduce a copyrighted image, the smart money is on that technically you cannot.  For those of you who read up on our Facebook contest dilemma last week, the safest path is to just avoid it all together.  But obviously that is not what we want to hear as a business trying to sell cakes and satisfy customers.  We want to know what we can do, we want answers and solutions.  Prepare for disappointment my friends.

Copyrights vs. Trademarks

When cakers talk about getting sued by big a corporation, without fail Disney comes into the conversation.   It's not necessarily because they are an evil group of fun haters who want little children to have horrible birthday parties, it's because their characters are trademarked.  I know the title of our post concerns copyrights, but that only covers and protects the expression of ideas.  Trademarks are the ones that cover logos and brand names and how they are sold or used to identify products and companies.  Some logos can be both copyrighted and trademarked but only if there is enough "authorship" in the logo to be considered worthy of a copyright.  Copyrights are about works of art (books, paintings, songs etc.) so something like the Nike Swoosh is more of a trademark.  That is why Disney has it's characters trademarked, not copyrighted.  They are more an image than an idea.

Why is that an important distinction for you as a decorator?  Because by law, trademarks must be enforced.  Disney has to actively monitor and obtain legal action against companies violating their trademark or they could lose it.  Trademarks are meant to wholly and completely define the image of a company and if you let someone else use it then you are saying that (in the case of Disney) Mickey Mouse does not represent your company anymore and you could lose trademark protection of that character.

So, if you're asked to faithfully recreate something that is a trademark, there is a greater risk of gaining attention.  Think about what it is they (client) want to do.  A fully sculpted Mickey Mouse, that could be a problem.  An Xbox cake?  Well, the logo is trademarked, but the shape of the console?  Not so much.  What about recreating the mop scene from Fantasia?  Just the dancing mops cleaning the floor all by themselves is part of a copyrighted film (story), but you're not including any trademarks (no Mickey!).  That would be harder to prove you were violating anyone's rights because you are interpreting a work of art which leads me to the murky world of....

Fan Art

Does the world of cake decorating fall under fan art?  That is the question I have been asking myself since I started this topic.  I live in the world of comics and walk around convention after convention in an industry where fan art is everywhere.  It is expected, so when an artist sells a sketch of a character that they didn't create (say a Stormtrooper) no one really bats an eye.  Now, you can't obviously make and sell a comic with Spiderman in it, you can't order up 5000 prints of your Spiderman art to sell online without the license, you can't charge people to come see it in a museum, but when I approach you at your booth and ask for an 8x10 of Spiderman jet skiing with Ewoks while Batman watches from the pier, no one cares.  In fact, creators are often excited to see someone else interpret their property.  So, as cake artists, are we then creating fan art?  Maybe-ish??

Prepare for the ideas of "derivative work," "parody," and "fair use!"  I really need a glossary on this Shop Talk!!  Generally fan art is considered a "derivative work," hence you are using the settings and characters from a previously copyrighted work, but in a new way through your own artistic eye.  That covers probably 90% of what most of us do on cakes.  However, it is still unlawful to display or distribute (sell) this derivative work unless it can fall under fair use!!  When evaluating whether a work could be considered "fair use," a court would look at a number of things including how much of the original work is used, the interpretive nature of the new work and most interestingly to us as cakers "the economic effect that the derivative work imposes on the copyright holder's ability to make and exploit their own derivative works."  (To clarify, a sequel to Toy Story is considered a derivative work of the original movie regardless of who makes it.)  

In other words, while it could be within the right of the trademark holder to sue you, if you made a $50 birthday cake commissioned by a client, it would take a hard hearted judge to levy a penalty against you, at least nothing substantial, because you hardly are stepping on the toes of a big corporation like the proverbial Disney.  Now, if you are advertising that cake in a magazine or catalog to the entire country, then you are definitely interfering with the ability of the trademark holder to make money off of their property and that would be trouble.  Hint: the internet goes across the entire country.

The loophole's loophole is the glorious idea of free speech through "parody."  Now, this, as far as I can tell, has not really ever been tested in the cake world, but when you think of comedic parody such as Saturday Night Live or movie parodies, the courts have afforded some pretty extensive protection to the idea.  Political cartoons have also fallen under parody when they've done things like put Mickey Mouse ears on someone to denote they're acting like a child etc.  Can a cake fall under a parody?  Honestly, you would need a pretty sharp lawyer, but I would think the possibility is there.  Time may tell.

Blame The Client!

There's a lot of common sense arguments that we could apply to these situations like "the client asked for it."  Think of my Spideman with Ewoks commission example above.  I asked for it, so what's wrong with that?  Well, did your mom ever throw that "if he jumped off a bridge" argument at you?  You're an adult, you're a business owner, your actions are your own.  You do not get to blame someone else.

I've talked about it in our posts on consultations and it remains the theme of "Shop Talk."  You are a professional, act like it.  Explain to the client how you are taking a legal risk with their request and then tell them how you can interpret that theme to give them what they want but in your own creative way.  Convince them your idea will be better, but if they say no, and you feel uncomfortable taking money for the design, remember the safe route and just say no.

The Cricut & The Cake Pan

A quick primer on the idea of "licensing" a property.  Some companies can buy the rights to distribute a copyright or trademark from the holder.  Toys, posters, coloring books, things like that.  Even beer can be licensed so say a company could brew the Danish Carlsberg recipe on American soil.  You buy the right, the license, to recreate that image or product.  So when you see super markets selling Spiderman cakes, it's because they are using decorations sold to them under a license.  Hint: if your client brings in a toy they bought for you to place on top of the cake, you didn't recreate anyone's trademark now did you?

I know a lot of you are Wilton faithful and you might be thinking, "well, what about the Spongebob cake pan I bought at the store?  Can't I use that to make cakes?"  Sure you can, but Wilton obtained the license for that image and that design based solely on the disclaimer that it is for "home use only."  They are selling you that pan considering you to be a hobbyist and legally, after that, they are washing their hands of you!  There is no transfer of rights from when you buy that licensed pan to use it commercially.  The simple answer to this then is to learn how to carve and sculpt your own cakes.  Sorry if this is harsh, but "Shop Talk" is about being a business and a professional and if you're baking and decorating the Wilton line of pans and selling yourself as a professional decorator with those designs, you have bigger problems than copyright law.

Now, the Cricut Cake is a whole different idea of licensing.  Shortly after the release of this machine, Provo Crafts tried to post on their website that the images and designs they were selling in their cartridges were intended for home use only and for crafting and hobby and were not to be used to decorate any cake being sold for profit.  The problem here is, no one owns the image of numbers.  There is no trademark holder on "7" out there!  A loosely outlined bear shape is not definable enough to warrant a trademark.  The Cricut is a tool and the for the most part, their designs are too vague and too common to be considered anything that deserves protection.  And once you start layering the cut outs and placing them on a cake, clearly you are into fair use/derivative work territory.  They also tried to do this after they sold you the product.  There's a reason we cannot complete a download of software without clicking "agree" on the user agreement.  You cannot backdoor someone into a contract.  Provo has since backed off of this because simply put, it is virtually unenforceable. 

The same goes for your generic Wilton (or other brand) cake pans.  A ball is not a trademark.  A skull, a train, a castle, these are all too generic to be protected.  Remember, Wilton is washing their hands of you after the sale, not trying to enforce any laws.  It is the licensed products of trademarks you have to be careful of.

Beyond The Cake

This is a little off topic from decorating, but I did want to touch on copyright issues in other areas of our business, specifically, our shop names.  There's a decorator in Australia who calls herself "Grace of Cakes."  I'm sure she thought this was super clever, and while I don't know about the international copyright laws or how Food Network and the producers of Ace of Cakes protected themselves, clearly this is flirting with a lawsuit.  It's like if I opened a theme park in Anaheim and called it Mizneyland.  Okay, they're gonna catch on.  If you make cakes using a Cricut and you market them on your website as your "Krikut" line of cakes, they might catch on.  Calling Spongebob "Spongerob," they're gonna catch on.  Simply put, be your own person, don't mimic someone else.  We have a hard enough time with copyrights in decorating, we don't need to invite that into our own brands!

My Brain Hurts!

In summary, the thing about all of this is scale and exposure.  Supermarket chains need to use pre-approved licensed products because they are large and attract attention.  If you're shop is next to Disneyland, you could attract attention.  If you're in New York or a major city, you could attract attention.  If you are doing a 5 foot tall Donald Duck for Make A Wish, you could attract attention.  

But, if you are just a local bakery and you have the occasional client who wants a birthday cake for 20 kids with a Teenage Mutant Ninja Turtle piped on it, and you don't use that image to promote your business or add it to your example books, you should be okay.  I'm not saying you won't get sued, but discretion is key.  It will also be helpful to hone your ability to interpret a theme.  There's lots of ways to use color and the imagery associated with a trademark without recreating the protected symbol.  Because after all, you want to market your abilities and artistic sense, not someone else's right?  

But know this, if you're making money off of someone else's property, they have the right to come after you, period.  Managing your risk is the best option. 

Now, this post was, like I noted earlier, significantly longer in my first draft.  We're treading on legal subjects and I am no lawyer.  If you have one, consult them for their "real" opinion.  All I tried to do in this final draft is give you some talking points and buzz words to use in your own research.  My final advice is nothing more than that, advice.  

Please, please, please share your own experience and stories and research in the comments below!!  The more we can all talk and share our thoughts on this very tricky subject, the better it will be for all of us.  If you found something that contradicts what I've written, please let me know!  This is only the beginnings of a very long conversation and I am one very moderately intelligent man trying to make heads or tails of it all;)  Best of luck to everyone, especially me!!

And next week on Cake Talk, if I can stop my brain from throbbing after copyrights, we will discuss the customer!

Running Giveaways on Facebook

To say I was ignorant of Facebook's views and regulations on running any form of promotion on our Merci Beaucoup fan page would be a lie.  I cannot plead insanity nor incompetence.  I've known for awhile that, due to some misguided liability concerns, Facebook basically prohibits any and all contests on their site unless you use a third party app.  Even then, it is easy for them to turn around and claim you're doing something wrong.

Most of the third party apps also require payment and end up being cumbersome and annoying.  All we want to do is have fun with our fans and friends and engage each other in conversation etc.  The stuff we give away in quizzes is small and usually left over from something else we've done.  It's not like we're offering a cruise!  But we cannot collect any form of information via FB, even though they collect and distribute our information on a daily basis.  No answers, no emails, I can't even write a winner's name down in a post.  Nothing.  So, we cannot do little giveaways on Facebook any longer.

Instead, we will be doing all future contests etc. on here, our blog.  A safe heaven where I can do whatever I want without worrying about a nervous multi million dollar internet company destroying all my hard work to build our page because they don't want to get sued over me mailing out a fondant leaf cutter.  Will it be more work on our end?  Absolutely.  Will it be more work on your end?  A little, yes.  I can post a link to our contests on Facebook, but after that, everything will have to be run through the blog.

If you're confused yourself about their policies, check out this article.

The genesis of this comes from a lot of stepped up activity by the Facebook police including accounts being temporarily banned at an alarming rate.  I've yet to hear of anyone with a deleted account, but that's probably because they've been deleted!  We have over 3,100 fans, and I can't risk losing that to a knee jerk FB intern.  We still want to be able to build a community on FB and interact with all of you, we just have to move our contests.  

Today I posted our first quiz on Tumblr and it has caused great confusion for both myself and all of you.  I'm sorry about that, blame Facebook.  Even as I was trying to do things correctly and steer you over to Tumblr, I got a message from FB about their promotion rules.  A warning essentially.  It sucks, and I wish we could all just have fun on there without Big Brother pooping on the party.

What is ridiculous is all they have to do is develop a simple promotion app with a disclaimer on it that we could all use easily but instead they are hooked in with third party developers including one they funded.  As far as the internet has come, there is still a lot left to be desired.

As far as the referral contest goes, I don't know yet.  Technically, because it requires the use of a Facebook function (the "like" button), I don't think we can continue with it, but I'm not prepared to let those who worked hard to help us out go without reward, so we'll figure all of that our very soon I promise.

And damn them all, I am stepping up our contests shortly too!  We're gonna have a Halloween contest with a trophy and everything!!  

Thank you for your patience everyone and your participation.  We'll sort this out so we can all just have some fun again soon.  Sincerely,

Reva & Mic

Silly Cake News: Vodka, Obama, and More Robots!!

So, who watched Duff's new show this week?  Me neither.  But I did troll the internet for some SIlly Cake News!!!

First up, nothing gets sillier than flavored vodka.  Seriously, have you looked at the vodka section at a BevMo lately?  No one needs bubblegum flavored booze and while bacon is awesome, keep it out of my cocktails please.  But now, you can have your cake and drink it too!  (Sorry, could not resist that pun!)  Pearl vodka is releasing a wedding cake flavored variety this September and your drunk uncle you didn't want to invite to your wedding anyway could not be happier!  Pearl claims the $12.99 a bottle vodka is "carefully infused with all the enchanting and lush decadence of today's most mouthwatering wedding cakes."  First of all, gross.  Secondly, super gross.  Call me old fashion, but I prefer my vodka out of a skull.

Sadly I could not find an actual picture of President Obama's 50th birthday cake, but I did find evidence that with a couple of clicks on Go Daddy, you can literally start any weird fringe website that you desire!  Enter Yes We Cake!!!  That's right, add one part campaign slogan, two parts culinary obsession and a little bit of public office, shake vigorously and you get a website dedicated to nothing but Barack Obama themed pastry.  Highlights include a stack of donuts with a little Barack on top and an edible image of the first family.  There is also a random picture of a Gene Simmons Kiss cake?  Peruse, enjoy, feel the sugary patriotism flow through your stomach!  And then get creeped out by the Madame Tussauds wax Obama birthday bash.  Cakes by Retro Bakery in Las Vegas.

And finally today, the robot invasion of our industry continues.  Those mechanical, soon to be fully sentient jerk-bots made us cookies last week but this week they have the audacity to slice into a cake!!  Two crazy Belgiums took a whole lot of LEGOs and a LEGO Mindstorm processor and created a robot who can slice perfectly even slices of cake with an old tin can lid.  Perfect slices!!  You can't have perfect slices, that just destroys everything good and wholesome about cake!!  I always need a bigger piece than my sister, ALWAYS!!!  Damn you robots....  Click the link for a video of the bot in action.

Alright, short and sweet this week, and no, I did not intend that pun.  Enjoy your weekend folks!!

Merci Beaucoup Shop Talk: Networking

Really, this should be Chapter 1 in the "Shop Talk" book, and maybe it will!  Networking is the cornerstone of starting any business, one you will probably engage in before you even start selling your wares.  Your relationship with your industry and the business community around you is as important, if not more so, than your relationship with your clients.

Wait, hold up a second!  I should ask, does everyone understand how networking is different than marketing?  Marketing is selling your business to potential clients (customers).  Marketing is about generating revenue by creating awareness and positive buzz about your business to people looking to open their wallets.  Networking is business to business (B2B).  It is creating a web of colleagues and peers, like minded business owners and connected businesses.  For a cake decorator examples include florists, caterers, photographers, and cake suppliers.

Can you market to those you network with?  Absolutely!  Unless it's another cake decorator!!  It drives me crazy when I see shops posting on Facebook pages like ICES with comments like "hey, looking for a delicious cake? Call me."  No.  I make them too, that's why we're here, to talk about cake, not try and sell it to each other!  Okay, pet peeve venting over, on to the show.

Enter the Chamber

I recently had a conversation with one of my nearest and dearest friends about a coffee shop she was opening in Brooklyn.  She was asking for advice on getting her name out in the community and such and one of the first things I said was "join the chamber."  Now, the caveat is, if you don't have a brick and mortar shop, don't spend the money unless you really plan on participating in all of their events.  But if you have a shop, it can give you some traction, especially early on, with the local business community.

First of all, you'll get a plaque.  Plaques and awards and official looking documents always lend an air of legitimacy to your business.  Plus, they're cool.  Customers will trust you more with a chamber seal hanging by your register.  Second, they will promote and attend your grand opening.  At our grand opening, we had at least 40 chamber members (looking for free cake of course) and were presented with proclamations from the city and the county.  Sure, they're in a drawer as I write this, but if I got a frame big enough they'd look great on the wall!!  Third, the chamber is in with the local papers and will announce your grand opening with them and probably the paper will send a cub reporter out to photograph and cover your opening.  They usually have someone assigned to the chamber so you'll now have a contact at the paper.  Fourth, the chamber is filled with successful business owners who like to throw parties.  Lots of fundraisers and events for you to attend and shake hands or even better, bring your sweets to and win over the crowd!  

Our chamber had monthly breakfasts at various locales where we would meet up to hear about news from the community.  Each member then got 30 seconds to stand up and do a little "commercial" about their business.  For us, this is what really helped grow our profile in the community and raise awareness of what we do.  Meetings like that work to create a small army of business owners that can represent you in the community as they market and network during the course of their business day.

A couple warnings starting with you make cakes, be prepared for the donation phone calls!  You will get hit up for a lot of donations.  Make sure they're real donations for real events and that you're not being taken advantage of by some chamber member who wants a birthday cake.  Deliver to the event, not the chairman's house;)  Secondly, not all chambers are as good as ours.  We have an active chamber that strives to be a part of the community, you might not.  Research your chamber and if they seem like a dud, spend your networking budget somewhere else.  Of course, if you have the money, you could just join to get the plaque!  And finally, you get what you give.  Just signing up isn't enough, you need to participate.  Hint: one meeting every fourth month is not participating.

Group Therapy

Especially in larger cities, the networking group is a common sight.  They have titles like "Business Pros of The Lower Valley" or "Springfield Business Professionals."  They like the word "professional!"  But you get the idea, it's a club comprised of local business owners.  A good group will be a cross section of businesses from the entire selected area, not just the "fancy" side of town.  You will rarely find members from national chains like Target, but you'll probably see franchise owners alongside the mom and pop store fronts. 

Once you recognize the networking groups in your city, you will need to decide which one(s) to join.  Some will require a fee, some have application processes and interviews, some have wait lists, others might be aimed at businesses with a certain level of annual revenue (the fancy side of town folks).  Ask to see a mission statement (if it's not online already), talk to members etc. and make sure the group is a good fit for you.  Will you get enough out of your involvement to make it worth your time?  Do you even have the time to make meetings or attend events sponsored by the group?  You need to interview them as much as they will interview you.

Enter the sub category, and possibly the most useful to you as a cake business, of the wedding specific networking group.  A more accurate description would probably be a "referral group."  We all know what Wedding Wire is right?  Well, think of Wedding Wire on a localized scale.  These groups will be a collection of every vendor a typical bride and groom will need to plan their weddings.  Members are usually required to refer each other as they meet with potential clients and some groups might even offer incentives to do so.  There are wedding networks that only allow one business per category, such as cake, and others that will allow two or three.  If they have a dozen other cake shops already, joining won't do you any good.  A hint of exclusivity is a good thing...

...but it can also be a negative. I'll be honest, I have mixed feelings about these groups.  While the informal and "honest" world of networking with colleagues is one thing, the gang mentality of a group of wedding professionals can create a closed circle of localized bullies that is neither good for clients nor the business community as a whole.  I guess it all depends on what side of the fence you fall, but I've kept deposits because a bride's florist talked smack about us during their consultation and convinced her to cancel us in favor of their group's cake maker of choice.  Sometimes knowing the group your considering can also mean knowing those outside the group.  Make sure you're not joining up with one that engages in such anti-networking activity.  Everything is a client's choice, so you will work with every florist in the industry at some point.  You don't want to show up to a delivery to find a florist with a grudge because of the way your group operates, especially if they're bringing flowers for your cake!  You will represent the group and the group will represent you.  Choose wisely.

Handouts

Make a list of the types of businesses where some free samples could go a long way.  Teachers and realtors, the types of folk who have a lot of contact with the community.  Network with them, and you've got a believer who will spread the word all over town just like what you did with your fellow chamber members.  Added bonus: This is a wee bit of marketing too as it never hurts to have a realtor who likes to send sweets to their clients!

Business Cards

Thanks to Vista Print, this is often the first thing you will do when you decide to start your business.  Designing your business card is a step to legitimacy and boosts your confidence as you move toward the world of the self employed!  You don't have to be this guy, but don't just jump on the cheapest and quickest card you can.  If you hand over the Avery 5371 printed at home, it says you're not serious yet, you don't have the infrastructure to handle the business I could send your way.  Same goes for the free Vista Prints.  Upgrade to the glossy at least!

This article on Webdesigner Depot has 100 creative cards that should give you an idea of how much of an impact your card can have on your networking dollar.  Plus, it's fun to see the crazy ones like this:

There's so much involved in successful networking, I don't think I could even call this "Networking 101!"  It's more like 41!  Just remember that every time you step out to represent your business, there is potential to network.  No matter how unconnected someone's business might seem, they're trying to create their own slice of the American dream just like you and they could have an idea or a connection that you've never thought of before that will help both of you.  Never forget, you're not just a cake decorator, your a business owner.

Next week on Shop Talk, we discuss the awkward world of customer relations!!

Silly Cake News: Robots, Assualt & So Long Lazy Cakes!!

Most of our friends are laughing it up at the ICES convention this weekend, but alas, we are stuck here in sunny California.  It's a hard life.  However, before I can head out to enjoy my beloved home state, I am here in front of the trusty Apple iBook to deliver the gospel according to Silly Cake News!

While I don't believe we'll be lining up in the unemployment lines cursing the automation of cake decorating anytime soon, I for one lament the use of robots in the culinary arts!  I always thought cake would be the one part of our humanity they could never rob from us those soon to be our dark overlord jerks!  I might be wrong.  Enter "Bakebot," a project at MIT where students have taught/programmed a robot to bake a batch of cookies from scratch.  Because you know, that robot that just slices up the Toll House tube is so last year!  Click through the link for video of the bot in action, it's fun to watch but I do plan on blowing up the Bakebot to spare parts in a surgical strike this weekend.  Wait, it also fetches beer from the fridge?  Hmmm.... maybe we'll come to an uneasy alliance afterall Bakebot.

Oh thank you crazy woman from Utah!  I can always count on some whacko to use their wedding cake topper in an assault charge.  It makes sense really.  Every time I see one of those precious moments toppers, I desperately want to smash it against a wall!  Those big eyes are creepier than Cakebot whipping up snickerdoodles!!  But this woman literally tossed her topper at her husband and then picked it up and launched it off their balcony to the ground below.  Any guesses on what he did to incite cake rage?  No really, any guesses 'cause the article doesn't say.  I'm going with forgot to buy milk?

Do you guys remember when we talked about Lazy Cakes in a previous Silly Cake News?  They are the relaxation cupcake that is a thinly veiled attempt to make you think you're eating a pot brownie.  Their tagline is even "Relaxation Baked In," with the word "baked" highlighted in a different color.  Subtle.  The thing is though, it's not pot, it's actually filled with melatonin, a chemical your body produces naturally and that makes you sleepy.  Users of the Lazy Cake have claimed bouts of sleep lasting upwards of 10 or 12 hours!  Well, as it was to inevitably turn out, the FDA has a wee bit of a problem with the amount of melatonin inside the brownies.  Technically they've only been warned but part of that warning was "we can seize your product off of shelves at any time."  I'd like to see them shut down Bakebot!!  The robot apocalypse starts with one melatonin laced brownie!!

On a final note, I've talked about the video game Portal on here before and their famous in-game graffiti, "the cake is a lie."  Jinx.com has a shirt with that theme and now they have a sticker!  For a modest $2.49 per sticker, you can cover anything you wish with the empty promise of cake.  Mixers, tool boxes, delivery vehicles, clip boards, that hole in your kitchen wall from when you couldn't get your royal icing to come out right... the possibilities are endless!!

Alright, get back to baking cakers!  I'll be back next week with more time wasting glimpses into the world of cake.  And don't forget to follow us on Facebook and our new-ish Tumblr page!

Merci Beaucoup Shop Talk: Human Resources

Welcome back to another edition of Shop Talk here on Merci Beaucoup's official blog, Happy Sugar Baking Land.  I just wanted to take a moment and thank everyone for the tremendous response to this blog series!  You've all been really kind and the compliments etc. make this cake spouse feel very good!  And because of all this, I will have a big announcement concerning Shop Talk very soon, so keep reading! Now on to the show!!

Hopefully, you are growing your business at a nice steady pace and developing a strong foundation.  If so, this will undoubtedly lead to you needing help.  No, I'm not talking psychiatry, but if you need a number for that, let me know;-)  I'm talking about the complicated and frankly frightening world of employees!  Careful, they bite!

We were very lucky, as you saw on Amazing Wedding Cakes, in that we could turn to our friend and colleague Marc.  We knew him both personally and professionally and that we could depend on him to provide Merci Beaucoup with quality workmanship.  Unfortunately for all of you, not everyone is gonna have the kind of collaborative relationship to call upon that Reva and Marc share.  That means you're gonna have to put on the "big kid" pants and venture out into the scary world of human resources!!

Do Your Homework!

Before you start getting into all the possibilities of being a boss, do your research!  There are waaaay too many variables for me to get into in this little blog, but make sure you gather everything you need to properly employ a fellow caker.  Double check insurance rates and requirements, payroll regulations, will you be offering any benefits, how do you plan on handling reviews and raises, overtime, breaks and lunches, contracts and non disclosure agreements, non-competition clauses, ADA requirements, and on and on and on.  Every city, every county, every state will be a little different on all of this.  If you have a lawyer, consult them.  Make sure you do everything right as much as possible.  

I will offer that an area young bosses make big mistakes is in breaks and lunches.  I was a manager at Lifetouch, the school portrait company, and corporate mistakingly advised us on when our crews should take lunch.  It was like a 15 minute mistake, but it was a 15 minute mistake that happened every day for 30 employees over 2 years!!  Our little territory ended up paying out over $50,000 to rectify that mistake in meal penalties and overtime etc.  The simple lesson, do your homework!!!  If you don't understand something, ask a fellow business owner or consult an expert.  Ignorance will never relieve you of liability in a lawsuit.

Interviews

Before we get to the "who" you should consider for your young "padawan" (Star Wars nerd test), let's discuss the process of actually figuring out if they're the right fit.  

My biggest complaint about the world of getting hired these days isn't the internet or the economy, it's that the people in charge of hiring are basically ignorant morons.  Is that harsh?  No, it's true and if you've had an interview in the last decade you know I'm right.  I cannot, no, I can tell you how many times I've been turned down for a job only to find out that the person they hired quit or was let go within a week of starting that position.  Five.  Five times I've been told I'm not right for the job only to discover they hired the wrong person for the job.  

Most "Human Resource Managers" B.S.'d their way into the job or the big boss just handed the responsibility of shaping their company to some low man on the totem poll.  They have no clue how to actually read people or evaluate their worth.  Here's a clue, if they have a question sheet ripped from "Hiring for Dummies," just walk out.  

Don't be that brand of ignorant moron.  Do not print out some form from the internet and expect it to tell you anything about the person sitting across from you.  This isn't a bank.  It's not Wal Mart.  We make cakes, a very personal, creative industry, so sit down and chat.  Look at their portfolio, ask them about their classes, their favorite shows and cake decorators, their inspiration, get to know them.  If you want to ask them to do a little test, you can, but again, I don't know how much that is gonna to clue you into their ability to represent your bakery.  You can earn skill, you cannot earn passion and creativity.

Reading Resumes

This section is as much for shop owners as it is a warning to job seekers.  I minored in English at university, but I majored in Communications.  So, how one attempts to contact me can either impress me or turn me off real fast.  

Rule #1: Typos.  This is just unforgivable in this day and age.  When I see a typo, I either think they couldn't be bothered to proofread their email etc., or the autofill on their iPhone sabotaged them... which they then failed to proofread.  If you can't take the time to proof your cover letter, why in the world would I think you were worth hiring?

Rule #2:  Grammar.  This is tough, because there are cultural and generational divides when it comes to slang and tone and a whole bunch of other things, but truth be told, I'm a grammar snob.  I easily trash a dozen emails a week, from potential clients even, because they have written me something so incoherent, so backwards, that I know I cannot communicate with this person.  Again, if you don't proof or care about the quality of your English, why would I want to work with you?  Not to mention, chances are you're not going to take the time to read the careful email I'm gonna send you back, ignoring my inquiries and directions.  Hence, now I'm wasting my time.  You're not writing a text, you're not emailing your buddy, this is business.  If you can't write in a professional, respectful manner, following the most basic rules of grammar, don't bother writing at all.

Rule #3:  Don't pad!  I know the difference between taking a class at Michael's and spending two weeks with Ron Ben Israel.  I also know what you did in the pastry program at Le Cordon Bleu.  Let it speak for itself, don't list your day on sourdough in your skill set!  Simple, concise resumes that honor the experience are best.  You're not gonna convince me you are a pastry chef after your 4 months at a Panera.  Just be honest and let me decide if you have the right experience.  

Interns

One positive from the cake boom of the 21st century is that there is an endless supply of pastry school students looking for internships.  Use them!  We've had a few in the past and they're great.  They want to learn and generally understand the importance of doing some of the lower end duties so they can get the total experience.  Make sure the local schools know who and how to contact you and chances are, they will.  Hit up the junior college and get in touch with your local Wilton instructor.  

There are paid internships (do your research!) and that can be a good way to go as well as it will attract better talent, but most interns will be students and will work for free.  As such, treat them well!  You will need to offer them a reason to be there, teach them something.  If you're not at that point in your career, an intern is not for you.  You have to offer them value as well as getting free work out of them.  Ask them what they want to learn and if you can give that to them, it's a good fit.  If they want to learn buttercream flowers and you're strictly a fondant person, neither of you will be happy.  Not to mention, it's probably a good idea to buy them lunch once in awhile!

Now, the downside is most of these interns will only be with you for a short time, but there is always the chance you will hit it off and they'll return come graduation!

Freelancers

Another way to go is to find a freelance cake decorator that you can call in when things get crazy.  Enter Marc.  Marc worked for us on a freelance basis.  He actually works for a number of people and if you have the skill and don't want to open your own shop, it can be a fun and exciting way to go.  As a shop owner though, if you happen to find a freelancer you trust, you need to set up guidelines concerning the ownership of the work, posting photos online etc.  A freelancer can leave at any time, but they shouldn't be taking your intellectual property or even worse, your client list with them!  Thankfully, 99% of you will never actually work with a freelance cake decorator, so you don't have to worry about it, but I wanted to make you aware of the option.

The Regulars

Now, if you plan on hiring the traditional employee with the wage and all, do your homework!!  Not just the do's and dont's of HR laws etc., but make sure you know your budget and whether or not you need full time or part time, weekends only, all of that.  Evaluate your needs.  Freelancers can come in whenever, interns can be moved around class schedules and the like, but an employee needs a schedule and they expect a schedule.  If they are relying on the job to pay bills, you can't wave them off the day before their shift because you don't have the work or money to pay them.  They will quit.  

And much like interns, employees need to learn.  I'm not big on reality TV (insert your "but aren't you..." comments here) but one show I really enjoy is Tabatha's Salon Takeover.  She's a no nonsense business woman and her advice to these hair salons is universal.  One thing she always stresses is the need for each salon to have an educator, someone who either once a week or once a month holds a training session for the staff to go over and teach technique.  We should be doing the same thing!  

A properly trained employee is an asset, one you have to stop and explain things to all the time is a liability.  Make time outside of your normal business hours to hold classes with your employee(s) and bring them up to speed.  Watch videos with them, learn together, just make an effort to progress their skill.  You'll earn loyalty and improve your business.  Remember, when they get good, you can take days off!!!

The Bad News

If you take on employees, at some point you will have to unload employees.  It's just the natural order of things.  Now, I don't know all the rules, and they will vary depending on your state, county, city etc. (do your homework), but make sure you understand the rules for firing someone.  And no matter how you word it, you are firing them.  Don't dress it up and pretend you're doing them a favor.  You're not, but you can be a compassionate human being and give them what they need both physically and emotionally to move on. 

At one time I explored a certain MLM opportunity with an insurance/financial institution.  I spent a couple days in a classroom setting learning about insurance procedures and while I bowed out shortly after, the teacher was a fascinating guy who had once worked security at a big, west coast Washington Mutual campus with about 400 employees.  He would tell me these stories about firing people that were amazing and he got called in to testify often when former employees would sue WaMu.  See, there are all kinds of things you cannot do when firing someone.  For example, did you know you cannot do it in a room with the door closed?  You also cannot sit between the employee and the door.  Basically, there can be no blockage of exits!!  Crazy huh?  He had to testify that that stuff didn't happen.  I doubt you'll have these situations in your small shop, but you never know.  Do your homework!

Again, I cannot stress enough that human resources is a strange and complicated labyrinth.  Not the fun Labyrinth with David Bowie and Muppets, but a murky, confusing one with all kinds of traps and pitfalls to make your life miserable if you allow it.  Follow your gut when hiring, and remember that personality and a happy work environment can overcome talent most days of the week.  Just do that homework, consult those who know, and make sure your ducks are all lined up in a pattern that ducks would like.  I think the row make 'em nervous. 

Next week we talk shop about something your shop needs talking to about!!