harrisonsmama Posted 22 Aug 2007 , 10:17am
post #1 of

The forum about pirating other peoples pictures and using them on a website got me thinking...I am about to open my store and I am going to be making dummy cakes, some of which I got ideas for from here or various books that I own. Whats the rule on taking some one else's idea and making it my own by changing the design a bot or making an exact replica. I am so nervous now- I don't want to make any one mad or cause problems. There was also a thread a while back about a hamburger cake. Ideas, anyone?

113 replies
LittleLinda Posted 22 Aug 2007 , 11:25am
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This is just a guess, but I don't think anybody minds people making copies of their cakes ... I think what they mind is somebody taking the photograph of the cake THEY made and passing it off as their own.

leah_s Posted 22 Aug 2007 , 11:30am
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Yeah, I certainly do mind if someone makes an exact copy of one of my cakes. And I state that on my website. I don't copy others designers' work and I hope that other designers don't copy mine. I used to be a writer and am probably more sensitive than most to copyright infringements. I may use someone else's design for inspiration, and would be fine with someone using one of mine as inspiration for their work. But an exact copy? nun-uh.

harrisonsmama Posted 22 Aug 2007 , 11:34am
post #4 of

Yeah, that is what I was getting at. I always use the pics for inspiration and add my own style. Sometimes, you get a customer that brings you a picture and wants THAT cake. It is a tough call, but isn't that what CC is for?

springlakecake Posted 22 Aug 2007 , 12:00pm
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I don't mind if someone copies my cake or uses it as inspiration. I think it is nice to credit your inspriation. If you have actually made the cake, and put your own flair to it I don't see it as a problem. Some designs have been made and remade thousands of times. Now I guess you might want to think twice about recreating an especially original cake or signature design without crediting your inspiration.

Using someone else's photos and calling it your own is a totally different story. I think that is wrong.

kels_bells Posted 22 Aug 2007 , 12:06pm
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It is a touchy subject lately. I agree that no one should pass on someone else's photo as their own. But Gettin ideas or inspiration from their work I feel is ok. With millions of cakes out there its hard to say who originally created a specific idea or cake. And I agree with you that CC is here t help us. We are a great community and I know personally many have helped me with ideas.

leah_s Posted 22 Aug 2007 , 12:13pm
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I agree that ideas and inspirations are fine. It's gettin' ripped off that I object to.

When I was a writer I went toe to toe with my boss who almost took my name off a "white paper" I had written and put his own name on it to take credit for it. I was having none of that crap. As I said, I'm very sensitive to copyright issues.

And I stamp all my estimates/invoices that "Cake designs are copyrighted by Gallery House." just to alert another baker if a bride shows up with my estimate. Brides do not leave with my drawings.

harrisonsmama Posted 22 Aug 2007 , 12:24pm
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Yes, yes, using someone else's photo's is horrible. No question there.

LittleLinda Posted 22 Aug 2007 , 12:34pm
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Roasted turkey cakes, belly cakes, flip flop cakes, bra cakes, tuxedo heart cakes, shirt cakes, fish bowl cakes, pirate ship cakes .... some have been done thousands of times! Does anybody know who was the "original" designer? I wonder if somebody out there is FUMING over these copies of their designs.

... and what DO you do if a customer comes to you with a picture of a cake and asks if you can replicate it?

onceuponacake Posted 22 Aug 2007 , 12:48pm

from my understanding, copying a cake design is not illegal..there was a post somewhere in another forum where a decorator's lawyer friend stated that cake designs cannot be copyrighted....like dress designs..hence all the knockoff gowns after the emmys...

you can copyright the name of a design.like Whimsey Cakes...but not the specific design..again according to a lawyer

credit should be given of course to the original designer

nicholas lodge stated that he never releases a design to a client until the contract is signed and deposit made.

regarding photos i agree with everyone..dont pass it off as yours and get permission from person whose picture it is if you want to use it

just my two cents

leah_s Posted 22 Aug 2007 , 12:57pm

[quote=... and what DO you do if a customer comes to you with a picture of a cake and asks if you can replicate it?[/quote]

My standard speech = "No. I will not copy someone else's work, and I expect the same respect from other designers. Please remember that every bride in the country is looking at the same handful of magazines that you're looking at. Wouldn't you rather have a cake that was designed just for you? Something just for your wedding? I don't want your guests to come into the reception hall and say 'Oh look, she copied (insert name) cake.' It doesn't cost any extra, and that's why most brides come to Gallery House--to get an original design for their cake."

That me and how I do business. I'm pretty assertive.

snarkybaker Posted 22 Aug 2007 , 1:14pm

This is very interesting to me. Everyone gets whipped up in a lather over cake design, yet no one bats an eye when people type up a recipe from the WBH or other cookbook and posts it here, there by depriving the original creator a book sale.

Copying a design and copying a list of ingredients are both legal. Why is one so much more reprehensible than the other ?

BabyC1985 Posted 22 Aug 2007 , 1:17pm

I do not mind if someone makes an exact copy of one of my cakes. I dont agree with copying the photo and passing it off as your own work. I put my cakes on here to share with everyone.

BabyC1985 Posted 22 Aug 2007 , 1:18pm

good point txkat

harrisonsmama Posted 22 Aug 2007 , 1:25pm

Yes, very good points.

Mencked Posted 22 Aug 2007 , 1:26pm

I think it's fine to copy or add your own touches to someone's original cake design--Let's face it, not all of us are as creative as others. I'd be so delighted if someone copied one of my designs, however, it was probably copied or inspired by someone else's design!!!!

smbegg Posted 22 Aug 2007 , 1:29pm

I would count it as flattery if someone wants to replicate one of my cakes. I have trouble comming up with new, original designs of my own. But I find that the more I copy other people's designs, having a picture to look at, I am getting more confidence and more ability to do things on my own. I think that it is part of growing.

However, I would never claim that the design was mine or an original. I think that pictures are placed in magazines and books for people to want and to copy, or they wouldn't put them out there.

Just my 2 cents,

Stephanie

mgdqueen Posted 22 Aug 2007 , 1:30pm

I'm sure just about every single cake you see on every site, in every magazing, has been duplicated more than once. LOTS of cake designers, decorators, etc have come up with designs that are "originals" only to see that someone else has come up with the same "original" in another part of the country. They don't see one another's work...they just happen to have the same ideas. I totally disagree with passing off someone's photo as your own and I think if you KNOW you are specifically copying someone's work you should ask permission and give credit where credit is due-but chances are that person is not the original designer anyway. Just my two cents.

SuHwa Posted 22 Aug 2007 , 1:31pm
Quote:
Quote:

This is very interesting to me. Everyone gets whipped up in a lather over cake design, yet no one bats an eye when people type up a recipe from the WBH or other cookbook and posts it here, there by depriving the original creator a book sale.




I do mind... The last time I saw a WBH recipe pop up on the home page I tried to find a way to report it. Sadly there doesn't seem to be any where you can do this....

We should respect those in the cake biz, who've made it big enough to have a book, not to publish parts of that book in an open forum. It will only lead to trouble and have our beloved CC into a mess if those people decide to sue.

tiptop57 Posted 22 Aug 2007 , 1:35pm

This quote expresses my sentiment on copying works of art and its morality.

What unites all of the visual art movements and styles and media is that the artists are constantly revising what already exists, they are always making changes, making sure that art stays exciting, that art stays alive. Artists are always inventing; they continue to introduce new ways of expressing emotions and conveying messages. Art is never stagnant it is as much of a living entity as are all the other human endeavors.
- - - Quotes from: http://www.ringsurf.com/info/Arts/Visual_Art/

When I first began Art School our painting and drawing class always went to the Museum and copied the masters to learn and grow. But when we turned in our assignments they were our own creations that may have employed similar techniques to the Masters. If you only make someone elses creations, youre a copycat and not an artist. Do not be afraid to change up the color, size, or shape, because Art is never stagnant.icon_wink.gif

justme50 Posted 22 Aug 2007 , 1:37pm
Quote:
Quote:

and what DO you do if a customer comes to you with a picture of a cake and asks if you can replicate it?




I tell them that each cake decorator has her own style and while I can't give her an exact duplicate of the cake in the picture, I can most certainly give her my style of that cake.

Just saying that your designs are copyrighted really doesn't do anything since they aren't and most everyone in the cake business knows that they can't be.

sarahnichole975 Posted 22 Aug 2007 , 1:40pm

IMHO, I say, if you don't want it copied, don't put it out for the world to see. If you have the ability and the desire to copy something I've done, PLEASE DO! It'll make me smile. My clients come to me for my work and I know that they're gonna keep on comin' even if Ms. Cake Lady down the road is making my designs. They love me for my work, my yumminess, and I truely believe for my sweet as sugar personality. Many of them hug me repeatedly when they get their creations, or just see me out and about (of course this IS southern Louisiana). I don't feel threatened by someone copying my cakes. Don't steal my pictures, but I offer my designs to all. And I'll completely admit that I've taken a bit more than inspiration from many sources. But typically, I end up liking what I create just a bit more. We all have our own style and flair, and that is represented in even what's supposed to be an exact copy of something. If I have a bride that says THIS is the cake I want and it's made by a decorator in New York, what am I gonna tell her, "Sorry hun, I know that's your dream cake, but I won't copy it, go see that decorator 1000 miles away." No, I'm gonna give her her dream cake, and hope like he** I do it justice!

DanaJones Posted 22 Aug 2007 , 1:47pm

I agree that using someone else's pictures as your own is wrong but no cake can be exactly duplicated.. not even by the same person who made it to begin with.... they might come close. In my opinion, since most of us learned from the same method and share our own tips and mistakes, any cake is fair game to use for ideas and to learn from. If you copy it down to the last detail, you should at least give verbal or written credit to the person you were inspired by.

dolfin Posted 22 Aug 2007 , 1:59pm

[quote="txkat"]This is very interesting to me. Everyone gets whipped up in a lather over cake design, yet no one bats an eye when people type up a recipe from the WBH or other cookbook and posts it here, there by depriving the original creator a book sale.

Copying a design and copying a list of ingredients are both legal. Why is one so much more reprehensible than the other ?[/quote] thumbs_up.gif

Exactly and most times people don't state where they got the recipe from.

I think if you removed all cakes from gallery that were not original we'd have very few to look at.

As has been stated before, if you don't want your designs copied or stolen either watermark them or don't post them.

In answer to your question, you can either get permission from everybody or write something saying designs inspired by so & so or such and such a site.

Gefion Posted 22 Aug 2007 , 2:22pm

Copying a recipe from a book is very much illegal. You have to post your own wording.

NTxWriter Posted 22 Aug 2007 , 3:11pm

I understand that the ingredients to a recipe can't be copyrighted but the directions must be changed to your own wording.

I followed this discussion with interest because there is one almost like it on the Bead&Button forum about copying others bead designs and not giving credit.

It's hard to always remember tho where I got certain designs and I always end up changing many details and making it my own.

However, I do belive in giving credit for inspiration if you know who to credit. I would want someone to do that for me.

alanahodgson Posted 22 Aug 2007 , 3:32pm
Quote:
Originally Posted by justme50

Quote:
Quote:

and what DO you do if a customer comes to you with a picture of a cake and asks if you can replicate it?



I tell them that each cake decorator has her own style and while I can't give her an exact duplicate of the cake in the picture, I can most certainly give her my style of that cake.




Can I copy that? icon_biggrin.gif

ETA: that was a joke....sort of.

justme50 Posted 22 Aug 2007 , 3:37pm
Quote:
Originally Posted by alanahodgson

Quote:
Originally Posted by justme50

Quote:
Quote:

and what DO you do if a customer comes to you with a picture of a cake and asks if you can replicate it?



I tell them that each cake decorator has her own style and while I can't give her an exact duplicate of the cake in the picture, I can most certainly give her my style of that cake.



Can I copy that? icon_biggrin.gif

ETA: that was a joke....sort of.




Sure, but you'll owe me royalties.... icon_lol.gif

indydebi Posted 22 Aug 2007 , 3:50pm
Quote:
Originally Posted by LittleLinda

... and what DO you do if a customer comes to you with a picture of a cake and asks if you can replicate it?




I tell them, "Final cake is guaranteed NOT to look exactly like the photo!" icon_wink.gif

GeminiRJ Posted 22 Aug 2007 , 5:50pm

Wow, little did I know that being technologically challenged and unable to post pictures (with the two exceptions I had help with) has saved my creations from being stolen! Seriously though...like many, I have used other cakes and cookies as inspiration. When just starting out, I copied a lot of cakes (usually from the Wilton Yearbooks). Now I do mostly all original stuff, though I figure someone else has done something, somewhere, that almost matches it.

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