Cassie6140 Posted 19 Feb 2010 , 4:09pm
post #1 of

If I duplicate a cake that I've seen on a website, is that a no-no? I'll have my own take on it, but, obviously I'll be influenced by what I've seen. When I say a website, I mean a bakery. Thanks for knowledgable responses.

16 replies
umgrzfn Posted 19 Feb 2010 , 4:21pm
post #2 of

You will just need to acknowledge where you got the idea from. As long as it has your own take on it...you should be fine.

AverageMom Posted 19 Feb 2010 , 5:15pm
post #3 of

Nothing under the sun is new! So long as you don't claim to have made up the idea yourself, and you are willing to give credit, you will be fine. Most people will be flattered to have you copy their ideas!

JGMB Posted 19 Feb 2010 , 5:21pm
post #4 of

You might want to check out this current CC thread about copyrighting:

http://cakecentral.com/cake-decorating-ftopict-664311-.html

Honestly, I've always used people's designs and just mentioned their name as an inspiration, but it sounds like it may be a no-no sometimes!

Cassie6140 Posted 19 Feb 2010 , 10:00pm
post #5 of
Quote:
Originally Posted by Cassie6140

If I duplicate a cake that I've seen on a website, is that a no-no? I'll have my own take on it, but, obviously I'll be influenced by what I've seen. When I say a website, I mean a bakery. Thanks for knowledgable responses.




I've purchased cake decorating books from some famous "bakers". Their books give full and total instructions on how to make "their" cakes and cookies. I've paid for their "instruction" by buying their books e.g., Confetti Cakes and Toba Garrett's cakes and cookie books. If they didn't want anyone copying their designs, why would they have their books printed, and sold with step by step instruction? I don't understand. I believe their designs are all originals. I'm speaking about books now, not websites advertising their cakes.

ayerim979 Posted 19 Feb 2010 , 10:28pm
post #6 of
Quote:
Originally Posted by JGMB

You might want to check out this current CC thread about copyrighting:

http://cakecentral.com/cake-decorating-ftopict-664311-.html

Honestly, I've always used people's designs and just mentioned their name as an inspiration, but it sounds like it may be a no-no sometimes!





Wow this threat got CRAZY icon_eek.gif .

It does give you something to think about huh !!! icon_wink.gif

sadsmile Posted 19 Feb 2010 , 10:29pm
post #7 of

I honestly don't understand how you can copyright basic things... and designs. How can copyright a an apple cookie for example. Images of apples have been around for a very long time. I know you can't just re-post someone's work as your own-DUH but if your fully reproduce it then you made it. I know it's illegal to sell copyrighted material and images. But honestly basic things like sport ball cookies and simple images we've seen ad nausium... how can any lawyer honestly say OK if anyone makes something similar and doesn't contact you first for your OK then you can sue them on infringement. I mean really someone and in fact several people are bound to duplicate that image without even knowing or ever seeing it. Businesses everywhere make such similar stuff this line of legality is really confusing to me.

costumeczar Posted 20 Feb 2010 , 12:35am
post #8 of

I just emailed the copyright office and asked if you can copyright a cookie or cake design. We'll see what they say when they get around to answering me!

AngelaM Posted 20 Feb 2010 , 4:27pm
post #9 of

Eat all the evidence and you'll be fine icon_lol.gif

Nytepyre Posted 20 Feb 2010 , 5:26pm
Quote:
Originally Posted by AngelaM

Eat all the evidence and you'll be fine icon_lol.gif




I like Angela's thought process! LOL. icon_biggrin.gif NOM!

But in all seriousness, I've always thought that if you gave full credit to the original baker, you'd be fine. I do know there is a problem with "licensed characters" like Mickey, Pooh, etc. But that is often overlooked in small scale bakers, and larger scale bakeries often pay for the royalties or whatever the terms are.

On another note, that other thread got intense! Wow!

costumeczar Posted 20 Feb 2010 , 7:50pm
Quote:
Originally Posted by Nytepyre

Quote:
Originally Posted by AngelaM

Eat all the evidence and you'll be fine icon_lol.gif



I like Angela's thought process! LOL. icon_biggrin.gif NOM!

But in all seriousness, I've always thought that if you gave full credit to the original baker, you'd be fine. I do know there is a problem with "licensed characters" like Mickey, Pooh, etc. But that is often overlooked in small scale bakers, and larger scale bakeries often pay for the royalties or whatever the terms are.

On another note, that other thread got intense! Wow!




Yeah, one question seems to lead to another in these kinds of threads, and it never ends. It's interesting, though. I think you could get a lawyer to tell you whatever you wanted on this subject, depending on how they spin it.

sadsmile Posted 21 Feb 2010 , 3:51pm

Yeah same old same old. Questions and no real life answers that make any sense and then POOF- it's gone. Whatever.

aandecakedesign Posted 21 Feb 2010 , 3:59pm

So what if someone comes to you and asks you to make a cake that looks like Martha Stewart made. You cant do it and disappoint them? Thats crazy. There are lots of the same looking cakes on here.

jillmakescakes Posted 21 Feb 2010 , 4:34pm

I will usually just contact the bakery and ask them if they mind if I use one of their designs. I've had nothing but niceness from everyone I've talked to.

mamawrobin Posted 21 Feb 2010 , 4:57pm
Quote:
Originally Posted by AngelaM

Eat all the evidence and you'll be fine icon_lol.gif




Good advise icon_smile.gif .

kakeladi Posted 21 Feb 2010 , 9:59pm

As was mentioned many decorators have published books witgh complete directions. If someone puts a pic on the internet it is considered copy-able. If you don't want anyone makeing a similar cake then don't post any pix.
I see *NOTHING* wrong w/trying to copy someones cake because 99 out of a 100times it will be different enough.
How many times have you tried to do a cake from instructions either on video (like YouTube) or in a book and had it come out *EXACTLY* like the pic?

TexasSugar Posted 22 Feb 2010 , 3:44pm

I have always understood the law to be that you could not copyright a cake design. There are too many cakes out there that look alike to even know who came up with what idea first.

When using the internet or even magazines for inspiration, how do you know that that person was the first to do that design and that they didn't get the idea from somewhere else. I've seen on here were people thought they had a completely new, something never been done in cake before design, only to find out that someone else did it before them.

I could understand maybe copywriting a specific techinque on how to do something, but just a design?

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