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cakesdivine
Forum Fanatic
Joined: Nov 11, 2008
Posts: 1135
Location: Canyon Lake, TX
Birthday: Mar 14
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 Posted:
Sun Nov 01, 2009 5:59 am |
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Yes, costume that is what I was trying to get across, that if you went to court you would HAVE to prove you have the legal papers stating your property as copyrighted.
But in any case the way towncrier is stating this chick has no right at all to use those photos.
summernmicha, your situation is totally different you have direct permission with perameters set in place so the arrangement is agreeable to both parties and of course above board. Not so with towncrier and the former employee.
andiesweet....correct me if I am wrong but isn't it illegal in Florida to do cakes from you home kitchen? |
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ItsAllAboutCake
Newbie
Joined: Oct 31, 2008
Posts: 4
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Sun Nov 01, 2009 6:22 am |
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Who's camera were the photos taken on?
Who own's all the original photos?
Was there any sort of agreement as to whether or not the employee could take photos? |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sun Nov 01, 2009 6:26 am |
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The bakery she worked for and the cakes belong to the bakery. All she did was decorate for us a an employee. |
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ItsAllAboutCake
Newbie
Joined: Oct 31, 2008
Posts: 4
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Sun Nov 01, 2009 6:29 am |
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But who own's the photos?
Who's camera and who's pictures? |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sun Nov 01, 2009 6:38 am |
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the cakes were created for our customers and paid directly to the bakery. Pictures were taken by the bakery for our website to promote sales directly to us. I think it is different when you as a decorator use pictures in a portoflio verses 2 weeks later open up your home bake shop and using the same pictures on there website to promote their business. It is truly morally wrong. It can prove to be a conflict of interest. |
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ItsAllAboutCake
Newbie
Joined: Oct 31, 2008
Posts: 4
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Sun Nov 01, 2009 6:39 am |
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So to be clear. The bakery took the photos on their own camera and the employee stole them off your website to use on their own website? |
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snarkybaker
Forum Fanatic
Joined: Aug 14, 2006
Posts: 1649
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Sun Nov 01, 2009 8:15 am |
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This is one of those instances where who decorated the cake dosn't matter. The person that took the picture owns the picture and can do with it what they choose. I do not allow decorators to take pictures of their cakes with anything other than a cell phone ( those pictures are usually to low in resolution to be of much use.) |
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K8memphis-
Forum SuperStar!
Joined: Mar 21, 2005
Posts: 5166
Location: Memphis 10 C
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Sun Nov 01, 2009 8:25 am |
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Snark, cameras in phones can have kick ass resolution now. They look like poo in the phone but when downloaded... |
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dkelly
Forum SuperStar!
Joined: Aug 16, 2008
Posts: 3671
Location: Red Sox Nation
Birthday: Nov 16
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Sun Nov 01, 2009 8:28 am |
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I'd say if the bakery took the pictures themselves and the employee "lifted" those off of the bakery site then the employee is in the wrong.
If the employee took a picture of those cakes with her own camera......which she may have without the bakery knowing.....then she owns those pictures and can do whatever she pleases with them.
I did a wedding last weekend and many people took pictures of my cake (castle cake in my photos) I'm seeing that picture pop up on all the guests FB pages....including the photographer's page. Not much I can do about it, they own the pic's. As long as they don't "claim" to have made it, I'm OK with it.
Edit to add: This employee.....did she actually decorate the cakes in question? |
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CakeInfatuation
Frequent Member
Joined: Mar 19, 2008
Posts: 403
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Sun Nov 01, 2009 9:03 am |
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I'm not here to argue. Nor to be mean. But I have to say that it saddens me that someone would blatantly lie about a situation out of spite.
None of the statements made by the OP are "from their perspective". They are being stated as fact and when asked to clarify, they are blatantly lying.
The photos of the cakes in question were taken with verbal permission. I probably have e-mails about the photos to back that up. They were taken on my camera and my husband's camera using MY flash card. They were edited in size and in some cases had pretty little borders added by ME, at my house, on my computer. I have all the originals.
After playing around and picking my favorites, I e-mailed 1 or 2 of the photos to my former employer. I keep all e-mails and can produce proof. I was told several times that (and again verbally) that it was understood I'd be using these photos for my portfolio and they were proud to be helping me build my portfolio.
I was NOT planning to open my own shop at any point while working at the bakery. BUT as many of you know, I had several issues while working at an unnamed bakery and asked for advice because I was thoroughly bewildered by some of the things that were happening. Due to all of that, I did think about opening my shop at times but was deterred by all the reasons I've stated in posts on CC on different occasions.
After I left the bakery (a decision I made). I was unsure as to how I should proceed. My husband wanted me to go to another bakery but he also wanted me to get my license because I was turning away or referring away a lot of business. I was hesitant to go to another shop because of some of the issues that came up while working at this bakery and I was fearful I'd have to deal with these things again and I didn't want that kind of stress.
I had a lot of support from friends, family members, and other CC'rs and was encouraged to go out on my own. About a week AFTER I left the bakery, I started the process. I was very fortunate to have the process speed along but should anyone need proof that the process didn't start until after I left, I'll be happy to provide that documentation as well.
All that to say that I've removed the pictures from my website despite the fact that I took them on my camera after I decorated the cake while I had permission and GAVE a copy to my boss. Because I think this whole thing is ridiculous and I can make plenty more cakes.
Some of those photos were even taken AT MY HOUSE where I was working on display cakes. Most of the cakes were decorated using many of my own tools and a lot of my own dyes as I didn't have bakery dye at my house. Much of the prep work for sold cakes (gum paste etc...) was done at my home using MY dyes, dusts, and equipment. Again, I can prove all of this.
I think this whole thing is hateful and has been brought up out of spite. I appreciate those of you who gave me a heads up.
We can only control our own actions and not the actions of others.
I wish the bakery much success in the future. |
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towncrierbakery
Junior Member
Joined: Jul 21, 2009
Posts: 20
Location: 29 Peddlers Lane,Lahaska, Pa
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Sun Nov 01, 2009 9:47 am |
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Finally,thank-you for all your feed back and postive words. There were no lies told or being spiteful. Permission was never given to put these photos for a custom cake buisness. At that point the op was only make cakes for friends and family due to licensing. We would want the same respect that op would want since she is very cut and dry. I am sure that would be she same way for her. This is business and nothing else. Just like other post that were made about the bakery, I was was only looking for some advice and nothing else. Same here I really wish the same success you wished us. Thanks to all for you kind words and such. |
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ItsAllAboutCake
Newbie
Joined: Oct 31, 2008
Posts: 4
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Sun Nov 01, 2009 10:41 am |
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| Quote: | | We take pictures to post on our website and blog and such |
| Quote: | | Pictures were taken by the bakery for our website to promote sales directly to us |
It seems to me the OP intentionally led us to believe that they took the photos and the former employee stole them. If what the former employee states is correct, that was in fact misleading and can be considered "a lie". |
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cakesdivine
Forum Fanatic
Joined: Nov 11, 2008
Posts: 1135
Location: Canyon Lake, TX
Birthday: Mar 14
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Sun Nov 01, 2009 10:47 am |
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Oh wow! Truly sounds like you did have all your ducks in a row and permission, and you took the higher ground and removed the photos in question. Kudos for you! Thank you for explaining your side.
You know the saying each side of an argument sees things their way and the truth lies somewhere in the middle.
I tend to lean towards your explainations since you did remove the photos in question. That action, in and of itself, tells me you have ethics and class! Now it just sounds like sour grapes on the part of the OP
Good luck with your business, I hope you have great success. |
Last edited by cakesdivine on Sun Nov 01, 2009 12:28 pm; edited 1 time in total |
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Mensch
Forum Addict
Joined: Jun 19, 2009
Posts: 700
Location: The Diogenes Club
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Sun Nov 01, 2009 10:50 am |
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Mike1394
Forum Fanatic
Joined: Feb 20, 2008
Posts: 1842
Location: Michigan
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Sun Nov 01, 2009 11:12 am |
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Hmmmm sounds like panties are in a bunch because they need to hire a new decorator.
Mike |
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