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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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 Posted:
Sat Oct 31, 2009 5:28 pm |
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If an employee worked for you and she decorated cakes at y our bakery and were your customers, then leaves to open her shop up at home. Does she have the legal right to post your cakes on her website. Is this a conflict of interest. Any thoughts. Would those design not belong to the owner. Curious to see what your thoughts are. |
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peg818
Forum SuperStar!
Joined: Mar 19, 2005
Posts: 2334
Location: upstate NY
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Sat Oct 31, 2009 5:54 pm |
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i think if she took the pics of the cakes that she decorated then she would be okay posting them, but if she took your bakery pics off your web site and is using them as her own (even if she decorated the cakes) she is in the wrong.
I would be interested to see what others think of this. |
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Lita829
Forum Addict
Joined: Mar 17, 2009
Posts: 549
Location: Pennsylvania
Birthday: Aug 29
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Sat Oct 31, 2009 5:56 pm |
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Hmmm.....that's a sicky situation  . I don't own a bakery or even work at one (I work from home) but I think that it would be a conflict of interest to post the cakes that were designed by a company she once worked for....even if she did the decorating. If she received permission from the company, then sure. But if not...I wouldn't risk it. JMO |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sat Oct 31, 2009 6:02 pm |
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She did not recieve any permission from us. They were are customers. The cakes that she took and put on her website were our customers and our designs. These cakes were our on designs and created by meeting with the customers on site in our shop. I believe I have a legal right to those pictures and she should not advertise them on her business website. More feedback if can please |
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leah_s
Forum SuperStar!
Joined: Jun 19, 2007
Posts: 5750
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Sat Oct 31, 2009 6:03 pm |
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I used to have an employee. Imagine my surprise when I looked at his website and saw my cakes. Some he worked on, some he did not touch. He never baked anything for me, just helped with decorating. I spent a few days pretty pissed off then decided life's too short and let it go. I have plenty of business and a great rep, so I'm not being hurt.
But it IS wrong. |
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K8memphis-
Forum SuperStar!
Joined: Mar 21, 2005
Posts: 5160
Location: Memphis 10 C
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Sat Oct 31, 2009 6:09 pm |
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I have two pictures on my website of cakes that I made that were contracted with the bakery where I was employed. I had permission from them to take the picture.
Whoever owns the picture owns the rights to use it. |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sat Oct 31, 2009 6:15 pm |
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That what I though that you would have to get permission from who owns the rights to that picture. I truly see it has a conflict of interest,but also a moral issue to. That is no how a true professional should start out. |
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costumeczar
Forum SuperStar!
Joined: Oct 18, 2007
Posts: 2589
Location: Henrico VA
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Sat Oct 31, 2009 6:42 pm |
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Just email her and tell her to take the pictures down because it's copyright infringement. |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sat Oct 31, 2009 6:46 pm |
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Thank-you that what I thought to. We are to close and post on the same website for buisness to have the same pictures of our cakes. |
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Ruth0209
Forum Addict
Joined: Aug 09, 2007
Posts: 943
Location: Scenic Idaho
Birthday: Feb 09
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Sat Oct 31, 2009 7:12 pm |
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If you're going to continue to hire decorators, you should create a written agreement they sign when they're hired that states that everything they create while employed by you is your property, and that they can't use it in any way without your permission.
This is very common for all kinds of companies that create or invent things. It's referred to as intellectual property protection. Anything created "on your dime" belongs to you.
I don't know for sure, but if you and the employee did not agree to this up front (on the first day of work), you may not have that protection from a legal standpoint. |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sat Oct 31, 2009 7:21 pm |
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good point, I am looking it at what my legal rights are. We own the rights to the pictures and the cakes were done in our shop. She worked with us a few months and within that time she was planning to open her own shop. At this point she took our pictures which are already posted on our websites and added to her new website which is a home based bakery. We are on the same venues with the same pictures. |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sat Oct 31, 2009 7:32 pm |
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Is that also like your misleading your customer by saying that this company baked and made this cakes when in fact another bakery made them. |
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kricket
Junior Member
Joined: Oct 07, 2005
Posts: 56
Location: Las Vegas, Nevada
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Sat Oct 31, 2009 7:43 pm |
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My lawyer hubby says that she does not have the right to the photos done while she was your agent. |
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kakethings
Newbie
Joined: Aug 16, 2005
Posts: 13
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Sat Oct 31, 2009 7:44 pm |
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I am about to to get my store front and in my contract to be sign at the time of hire I want there to be no picture taking of cakes. And I don't want the customers taking photos either, they take them with their phones and take the photos to somewhere else for a cheaper price.I also want in my contract something similar to this company that demo for sam's club, they make you sign a contract if you miss a day they take $150.00 out of your check for each day. It keep you from up and quitting, I have worked as a bakery manager, I have been stuck out to many times and I want to try and cover my self with these time consuming cakes. |
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kakethings
Newbie
Joined: Aug 16, 2005
Posts: 13
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Sat Oct 31, 2009 7:51 pm |
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My friend work for this hair firm they have in their contract no taking pictures and no passing numbers. they have cameras all over the place. the manager always firing people. |
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