summernoelle Posted 23 Jul 2008 , 12:13am
post #1 of

OK, first I want to say something (I do not mean it as yelling) but

1. I DO NOT WANT THIS WOMAN HARRASSED IN ANY WAY.
2. PLEASE ONLY CONTACT THIS PERSON ONLY IF YOU ARE DIRECTLY INVOLVED
3. I WILL NOT GIVE OUT HER WEB ADDRESS UNLESS YOU ARE DIRECTLY INVOLOVED AND WOULD LIKE TO CONTACT HER IN A PROFESSIONAL MANNER

Off the soapbox now. Basically, she reposted the pics today, and some of them are definately from users here on CC. So, she reposted stolen photos knowing that she should not do it.

If you would like to check into this, PM me, and I will look at your photos and tell you if you are involved or not, and if you are, I will send you the info.

Again, PLEASE do NOT contact her for any reason except for to have your photos removed. And if you do contact her, be professional and polite. I don't want any of this coming back on me personally, but you all deserve to have your photos removed, since they are your copyrighted property.

Thanks.

181 replies
JodieF Posted 23 Jul 2008 , 2:30am
post #2 of

She's added a disclaimer to her webpage:

"MTJC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is complete and up-to-date. Furthermore, while most of our galleries photos are our work, some pictures were derived from publicly viewed websites as examples for prospective clients and are never referred as our own."

Guess she thinks that makes using other peoples cake photos okay......*shaking head* As to "most of the gallery photos are our work", there are very few that were there before.

summernoelle Posted 23 Jul 2008 , 12:44pm
post #3 of

Another update...
If any of you know that your photos are still on there, please PM me with which one it is. I will tell you why in PM, but it would be a HUGE help.
Thanks!

Gatorfan01 Posted 23 Jul 2008 , 12:53pm
post #4 of

Did she ever respond to your emails requesting her to remove your photos from her site?

poshcakedesigns Posted 23 Jul 2008 , 12:54pm
post #5 of

[quote="JodieF"]She's added a disclaimer to her webpage:

"MTJC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is complete and up-to-date. Furthermore, while most of our galleries photos are our work, some pictures were derived from publicly viewed websites as examples for prospective clients and are never referred as our own."

So this makes it o.k.? Good grief - icon_twisted.gif

vagostino Posted 23 Jul 2008 , 12:58pm
post #6 of

There is really no need to steal somebody else's work. If you need to bulk your portfolio there are websites where you can buy pictures or even get them for free as long as you credit the photographer.
There might not be the cakes you want, but there are a bunch of pretty cakes there to use along with your own creations.

SUELA Posted 23 Jul 2008 , 1:01pm
post #7 of

And I thought the whole purpose of a portfolio was to showcase YOUR OWN talent. What happens if she posts something and when requested can't pull it off?

cakelady15 Posted 23 Jul 2008 , 1:05pm
post #8 of

I read this original thread when it was posted and I wanted to ask a question, but it was getting pretty heated so I didn't. Since it showed up again I was wondering if you guys could answer a question for me? I want to preface my question by saying I don't think what this woman did was right at all and I am not defending her at all so please don't get mad at meicon_smile.gif I was just curious if anyone knows, if you don't actually go through the legal process of purchasing a copyright for your photographs and you post them online, can't anyone copy them? I know you can put watermarks and stuff on them, but if they aren't legally copyrighted aren't they fair game? Again, I'm not saying it's right and I'm not saying that you guys didn't have your photos legally copyrighted, I'm just curious for my own knowledge.

playingwithsugar Posted 23 Jul 2008 , 1:12pm
post #9 of

I sympathize for all of you who have had your cake pictures stolen and used on someone else's website.

Unfortunately, it has now become dangerous, in a sense, to publish your work online, without risk of someone else taking it and using it elsewhere. Watermarks are being ignored, and right-click blocking can be bypassed.

It is happening more and more each day. People with no skill or talent of their own, or newbies who want to make their first million within 6 months, build their portfolios based on someone else's work.

I see no other recourse except true legal action.

Until all of you, who have had pictures stolen, get together and file class-action suits against the perpetrator(s), with lots of publicity to make sure the word is out that you will no longer stand for it, this type of theft will continue, because apparently, kind requests and verbal threats have become useless.

Theresa icon_smile.gif

Petit-four Posted 23 Jul 2008 , 1:17pm

Hi! Regarding copyright -- any creator holds the right to their own creations, whether the work is "registered" or not. However, registration with the copyright office does help in case of lawsuits.

"Publishing" one's work actually helps protect copyright -- because one is saying, in effect, here I am, world, this is my work. As opposed to keeping the photo in a drawer, and then someone comes across it, and presents it as their own (still wrong).

As for "derived from publicly viewed websites as examples for prospective clients and are never referred as our own" is nonsense -- she needs to contact the owners, and ask for permission.
However, what she IS doing is throwing the ball into the creator's court, and saying, in effect, you have to enforce your own copyright.


Here's from the US copyright office:
http://www.copyright.gov/help/faq/faq-fairuse.html#howmuch

Could I be sued for using somebody else's work? How about quotes or samples?

If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.

playingwithsugar Posted 23 Jul 2008 , 1:53pm

I just watched a continuing education program on local television about the use of copyrighted information without consent a couple of weeks ago.

What they said is that copyrighted information be may used without owner's consent for educational purposes only, and only with proper acknowledgement of the original author, creator. The law also limits the amounts of information used, based on the type of media.

In print, it could be a statement or paragraph from a book or document, but you would not be able to use the entire chapter or book. You can refer the reader to the book if they wish to pursue it's information further.

In music, you could access a sample of a piece of music, but you are limited to about 20-30 seconds of that piece.

In regard to photographs, you could use a photo, or a few photos, from someone's collection, but you would not be able to use the entire collection.

Again, these allowances are for educational purposes only, i.e. classroom slide shows, term papers. These allowances do not apply to commercial use, such as websites where people are selling cakes.

Theresa icon_smile.gif

MeMo07 Posted 23 Jul 2008 , 4:02pm
Quote:
Originally Posted by playingwithsugar

I sympathize for all of you who have had your cake pictures stolen and used on someone else's website.

Unfortunately, it has now become dangerous, in a sense, to publish your work online, without risk of someone else taking it and using it elsewhere. Watermarks are being ignored, and right-click blocking can be bypassed.

It is happening more and more each day. People with no skill or talent of their own, or newbies who want to make their first million within 6 months, build their portfolios based on someone else's work.

I see no other recourse except true legal action.

Until all of you, who have had pictures stolen, get together and file class-action suits against the perpetrator(s), with lots of publicity to make sure the word is out that you will no longer stand for it, this type of theft will continue, because apparently, kind requests and verbal threats have become useless.

Theresa icon_smile.gif




I agree 100000 times over. Too bad that it probably won't happen, especially considering how many people in the last thread thought it was pretty innocent.

We live in a society now where hardly anyone has to face the consequences of the actions they take.....even on something as seemingly small as stealing photographs.

I'll end my rant there, but I think you get what I'm saying. icon_smile.gif

summernoelle Posted 23 Jul 2008 , 10:35pm

Hi again everyone,

I just wanted to bump this up the list.

I have found a LOT of photos that were stolen straight off of CC, which means this person is one of us.

I really need your help in trying to find out which photos from her site were taken from CC, so please keep the PM's coming.

Thanks

Cakepro Posted 23 Jul 2008 , 10:40pm

Did you ever try contacting her web host?

summernoelle Posted 23 Jul 2008 , 10:42pm

No, I haven't.
Sorry to be short...I know I am...I'm just trying to avoid the fiasco of last time!

Cakepro Posted 23 Jul 2008 , 10:45pm

I hear ya. The lynch mob is probably sending death threats but won't be boasting that they've done so here.

I wish you'd put your old avatar back! LOL It really throws me off when people change their avatars. icon_biggrin.gif

summernoelle Posted 23 Jul 2008 , 10:50pm

lol! I love my little lion! But I am not used to it either. I was so used to my pretty wedding cake...maybe I should change it back!

Cakepro Posted 23 Jul 2008 , 10:57pm

I love your lion too! icon_biggrin.gif

jenbenjr Posted 23 Jul 2008 , 11:09pm

I must have missed the last thread. When will people realize they can't do this? icon_sad.gif

janelwaters Posted 23 Jul 2008 , 11:12pm

Is it OK to send a potential client (or in my case a friend or family member) a picture of someone else's work as an example or "inspiration" of what kind of cake you will make for them. I do this all the time, but I NEVER take credit for it - usually what I will do is forward them the link to the other person's website to help get an idea of what they want.

I'm really new to this and I would never take credit for something that I didn't do, and I'm always very honest about my abilities. I have had a friend give me a picture of a cake and I told her I didn't think I could do that.

I just want to make sure that if I ever decide to do this "for real" I'm not overstepping my bounds or upsetting anyone!

I am so sorry that some of your pictures are appearing on this woman's site and frankly I think it terrible because she IS taking credit for the work regardless of her "disclaimer" and frankly she should know better!

PattyT Posted 23 Jul 2008 , 11:14pm

None of my pictures were taken - but the thread is very interesting.

Does anyone have a lawyer husband, wife, brother, sister, cousin, uncle etc.? I'm not positive the disclaimer allows them to take the pictures. Even with that disclaimer text, wouldn't they still should have to specify the ones that are theirs and the ones that are "examples" to avoid copyright infringement. Not saying which are hers and which are examples could possibly be false advertising?

In light of this development, should everyone mark all their photos? I use Microsoft Picture-It express, and it doesn't have watermarking, but it allows you to put text across the photo somewhere that can't be cropped out. Then if pictures are saved as jpg, you can't separate out the text and remove it.

Can photos be replaced here - with text added - on CC without losing comments or favorite counts?

Good luck to all of you. You do BEAUTIFUL work - that's why your photos are being taken.

summernoelle Posted 23 Jul 2008 , 11:23pm

Patty, I swear to you I have spent about 40 hours this past weekend marking my photos, reposting them on this site and my own site. It took forEVER.
I just changed all mine here on CC-there is an edit photo button that just replaces the photo, not the text and comments.

Janel-I think that is OK. I send clients inspiration all the time, but I ALWAYS tell them that it is not my creation, and who made it. HTH!

PattyT Posted 23 Jul 2008 , 11:32pm
Quote:
Originally Posted by summernoelle

Patty, I swear to you I have spent about 40 hours this past weekend marking my photos, reposting them on this site and my own site. It took forEVER.
I just changed all mine here on CC-there is an edit photo button that just replaces the photo, not the text and comments.

Janel-I think that is OK. I send clients inspiration all the time, but I ALWAYS tell them that it is not my creation, and who made it. HTH!




THANKS very much for the info on editing the photos. It's probably time well spent right now, but had to feel very tedious if you have a lot that need marking. At least now, as new photos are added, it can be done one at a time now and a bit less cumbersome.

Sad that it's become a necessity now. Good luck.

tasteebakes Posted 23 Jul 2008 , 11:34pm

I always see these threads. How in the world does everyone find ALL these sites with stolen pictures? A google search?
I guess I don't surf the web enough! lol

superstar Posted 23 Jul 2008 , 11:37pm

I recently redid all my photo's on CC with my name. so although I don't think anyone would want my pics..........I guess by putting my name on the pics protects them.................please correct me if I am wrong, I really am a computer illiterate.

summernoelle Posted 23 Jul 2008 , 11:40pm

Tastee-
I had someone contact me who was pricing cakes, and had seen my cake on their site. She thought I owned two bakeries, and wanted to make sure that wasn't me.

krystyne_wilson Posted 23 Jul 2008 , 11:51pm

What nerve she has icon_surprised.gif I just don't understand how someone could do that not once but TWICE! Her "disclaimer" is TOTALLY bogus and I don't think it would hold up. I'm not personally affected so no need to fill me in but I feel for you and I hope that justice is served. I'm sorry that you're having to go through this...again...but you're great for helping out the others whose pics are posted as well thumbs_up.gif

Melan Posted 23 Jul 2008 , 11:55pm

"MTJC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is complete and up-to-date. Furthermore, while most of our galleries photos are our work, some pictures were derived from publicly viewed websites as examples for prospective clients and are never referred as our own."

So, does that mean just because they say their cakes are homemade/scratch that they could really be frozen Walmart cakes? Hmm... I guess if you order from them and they don't deliver what you order then this disclaimer will protect them?! Get real!! Stop with the nonsence jargon and if someone needs "ideas" have them browse the galleries of CC. Geez. I just don't understand people these days! icon_mad.gif [/quote]

summernoelle Posted 24 Jul 2008 , 1:20am

Melan, it's called moral relativism. They are saying that if they don't think it is wrong, then it isn't.

indydebi Posted 24 Jul 2008 , 1:51am
Quote:
Originally Posted by summernoelle

Melan, it's called moral relativism. They are saying that if they don't think it is wrong, then it isn't.




Oh, I like that one! I see that going on a LOT!!

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