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argh! someone stole my photos! Grrrrrrrr Goto page Previous  1, 2, 3, 4  Next      CakeCentral.com Forum Index » Cake Decorating Author Message KathysCC Gallery Moderator Joined: Aug 18, 2007 Posts: 931 Location: Mississippi Posted: Thu Oct 11, 2007 10:36 am  JoanneK, You might want to do a search in the forums on copyright. This subject has been discussed a lot here. Basically, if you take a picture of something, you own the picture and have copyright protection (with no legal paperwork required) the moment you create it. Now to enforce those rights you would have to go to court which most people will not do because of the cost involved. Legally though, you own the picture and someone is not allowed to use that picture without your permission. They are the same pictures. We can tell from the backgrounds. And no, there is nothing to stop anyone from copying a cake idea exactly. We do it all the time here at CC but try to give credit to the one who had the original idea when it is possible. The only problems with that involve receiving money for someone else's image, like selling a cake with Mickey Mouse on it (since Disney owns all rights to that character). Ladivacrj Forum Addict Joined: Mar 09, 2006 Posts: 555 Location: Cleveland Area, Ohio Posted: Thu Oct 11, 2007 10:38 am  KathysCC wrote: Hey guys there is another discussion going on about another site with stolen photos. http://forum.cakecentral.com/c.....55733.html KathysCC: Did you attach the right link, this discussion is about someone in Vegas doign free cakes? Ironbaker Forum SuperStar! Joined: Apr 25, 2005 Posts: 2288 Location: Atlanta, GA Birthday: Oct 02 Posted: Thu Oct 11, 2007 10:41 am  Watermarking is good but we've also seen those who actually leave the watermarks on the pics they stole. tye Frequent Member Joined: Sep 13, 2005 Posts: 445 Location: Colorado Birthday: Mar 06 Posted: Thu Oct 11, 2007 10:43 am  Its my understanding that you can simulate a cake design you see anywhere.. however.. the photos are copywrited automatically.. there was another thread in the forum about this very thing.. even with the disclaimer they HAVE to have permission from the one who took the photo.. its not the cake, its who the photo belongs to. KathysCC Gallery Moderator Joined: Aug 18, 2007 Posts: 931 Location: Mississippi Posted: Thu Oct 11, 2007 10:47 am  Ladivacrj wrote: KathysCC wrote: Hey guys there is another discussion going on about another site with stolen photos. http://forum.cakecentral.com/c.....55733.html KathysCC: Did you attach the right link, this discussion is about someone in Vegas doign free cakes? Yes, keep reading the thread. They discovered the lady giving away free cakes used pictures stolen from CC. melysa Forum SuperStar! Joined: Sep 17, 2006 Posts: 3387 Birthday: Nov 11 Posted: Thu Oct 11, 2007 10:58 am  sheesh, the nerve! though i am sorry it happened, i had to giggle a little when i found out that it was a UK website- i thought every one in the UK knew how to make perfect cakes!!!! haha. seriously though- this is getting old. wish people would be respectful of others and represent THEMSELVES with intengrity! JoanneK Forum Fanatic Joined: May 08, 2006 Posts: 1559 Location: In the kitchen baking cakes Posted: Thu Oct 11, 2007 11:25 am  The reason I asked about being able to copy a cake or a photo is because I heard that one of the top designers saw a cake posted somewhere that was a copy of one of his cakes and he contacted the person who did the copy and posted her photo. He said if she didn't remove it right away or if she ever made another cake like his he was going to take her to court. This cake was a bunch of flowers, not Disney or anything like that. So I was wondering if he was just throwing words around or if someone could really sue you for making a cake that is just like the one someone else designed. I know whenever I make a cake that is like someone else did I will always change something about it so it's not the same. Besides, I can't do the wonderful work like the person I want to copy anyway. modthyrth Frequent Member Joined: Aug 21, 2006 Posts: 297 Location: Gilbert, AZ Posted: Thu Oct 11, 2007 11:30 am  No, as a general principle, it's NOT ok to copy another person's design exactly. The original creator of a design owns a copyright in the design. Yes, it happens all the time, but you should get permission from the creator before making a copy of a design. You can be inspired by a design and make your *own* creation, and it would be considered a derivitive work. That work might or might not infringe on the original copyright, depending on how much was changed. Here's a good summary of copyright law: http://www.iusmentis.com/copyr.....rse/intro/ There are some exceptions for parody, for educational use, etc., but to be safe, don't copy. modthyrth Frequent Member Joined: Aug 21, 2006 Posts: 297 Location: Gilbert, AZ Posted: Thu Oct 11, 2007 11:34 am  Emma, I don't know UK law specifically, but I know that it's very similar to US law (most copyright statutes are based on international conventions). You should start by sending them a cease and desist letter. If you have an attorney friend who is willing to do it, even better, so the wording will be perfect. emmascakes Forum Fanatic Joined: Jul 07, 2006 Posts: 1153 Location: England Posted: Thu Oct 11, 2007 12:29 pm  They ARE definitely my cakes and not a copy. One is my sister's wedding cake, which I somehow feel particularly hurt by. I have emailed her asking her to take them down by the 16th of October or I will be taking legal action - god knows quite what I mean by that, I'm just hoping they get removed! I wouldn't mind so much if someone used my design to do their own cake, it would still be 'not cricket' but at least it would be their own work. I have also emailed the web-host. I'll let you know if I hear anything. diane Forum SuperStar! Joined: Jan 08, 2005 Posts: 2734 Location: cake land Birthday: Nov 23 Posted: Thu Oct 11, 2007 12:42 pm  that's just pitiful! i can't believe some people don't see anything wrong with that. i wonder if any of those pictures on that site are theirs. i'll have to admit...i can see why they would take your pictures. your cakes are absolutely beautiful!! i'm sorry to see this happen to you. i would contact them and see what the say. weirkd Forum SuperStar! Joined: Jan 07, 2007 Posts: 2228 Location: Hurlock, MD Posted: Thu Oct 11, 2007 12:46 pm  Yah, Emma you have a right to press charges. Usually you can ask a lawyer to send them a letter to take it off their site and usually that will make them take it off. It threatens them and only costs you about $70 to do it. And the photographer has the rights to the pictures he takes even if its of you. So like my wedding pictures, I cannot go to a photo copy booth and make copies legally. BeckySue Frequent Member Joined: Jul 20, 2006 Posts: 422 Location: Land of the Salt, Utah Birthday: Jul 25 Posted: Thu Oct 11, 2007 12:57 pm  I just looked at the photos on the site, and one is from the Wilton website. I get e-mails from Wilton and the last one was Halloween ideas, it had 3 witches in the wilton footed cupcake holders around a bowl of green candy. That exact photo is on their site in the shaped and 4D category.... emmascakes Forum Fanatic Joined: Jul 07, 2006 Posts: 1153 Location: England Posted: Thu Oct 11, 2007 1:00 pm  The stack of presents is Colette Peters and several are Debbie Brown. cakemomne Regular Member Joined: Jul 22, 2006 Posts: 149 Location: Oklahoma Posted: Thu Oct 11, 2007 1:00 pm  A bit off topic but on their web site they claim "Shaped +4-D Cakes" I thought the 4th dimension was time Display posts from previous:   All Posts1 Day7 Days2 Weeks1 Month3 Months6 Months1 Year  Oldest FirstNewest First     CakeCentral.com Forum Index » Cake Decorating Goto page Previous  1, 2, 3, 4  Next You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum You can attach files in this forum You can download files in this forum Translation: