Someone Copying One Of Your Original Cake Designs - How Do You Feel?

Business By Sugar_Art_Cakery Updated 16 Oct 2013 , 7:41pm by Shasha2727

BatterUpCake Posted 5 Jul 2013 , 1:17am
post #61 of 97

IMHO the OP was very self righteous and hypocritical. I don't live in a glass house. It's made of brick. I never came on here telling anyone they were dishonest or thieves. Different ball of wax completely...

sixinarow Posted 5 Jul 2013 , 1:41am
post #62 of 97
Quote:
Originally Posted by BatterUpCake 

IMHO the OP was very self righteous and hypocritical. I don't live in a glass house. It's made of brick. 

Just to clarify, the first sentence was directed at you, the rest was not. We all sound self righteous and hypocritical at times and we all live in glass houses. Every post is not directed at you. I know you enjoy the forums, I do as well. They've been a great distraction from hospital waiting rooms the last few months. It sounds like you enjoy a good fight, and I'm sure that has served you well in your career, but it comes across as you are hijacking threads to rack up your post count or at least intending to "stir the pot". I should have let it go and not posted that last comment, I usually have more self-control. Sorry if you thought my last post was directed solely at you, it was directed at the situation in general.

costumeczar Posted 5 Jul 2013 , 2:02am
post #63 of 97
Quote:
Originally Posted by annabananana 


Yeah, the sister is who I would he mad at. But as the decorator in that position of copying and getting praise, I would happily share the praise. I would say, oh thank you, but the real credit goes to 250 lb ex cop here, (s)he designed it, this is just a copy.

The person who made the cake might not even know who did the ones she was told to copy, so she could be totally ignorant of the sister drama that was going on.

 

I had a friend show me a picture of a cake that she did, it was an exact copy of one that I had on my website. She said "The bride brought me a picture from the internet to copy" and I said ""That's nice." She had no idea that the original cake came from my website.

 

One person who lives a couple of miles away from me copied text from my website and I had to tell her to take it down. Then she copied a cake design and put it on her site. I was pissed off until my husband looked at her picture and said "Hers looks like crap" so that put it in perspective.

 

I've had brides send me pictures of cakes that friends of mine did, so I always tell them that I know the person who did the original since I think it's funny when it happens.

BatterUpCake Posted 5 Jul 2013 , 2:02am
post #64 of 97

racking up post count? DO I get a prize for that? lol.....When you start a post with my name yes, I assumed it was directed at me. I am on the forum a lot tonight because there is nothing on TV and everyone is watching fireworks so they aren't on FB. Maybe I am extra crabby tonight as I am in pain and stuck in the house...it's been known to happen. It is certainly not my intent to hijack a thread.

howsweet Posted 5 Jul 2013 , 2:16am
post #65 of 97

I was wondering about the rack up the post count comment, too. My guess is there are some people who listen more to the advice of someone with a lot of posts.  I've posted the correct answer in other areas of the forum and been ignored while misinformation was apparently more appreciated. I wonder if it was the post count thing?

BatterUpCake Posted 5 Jul 2013 , 2:21am
post #66 of 97

Well if there is a prize I want it! lol....just joking around. How do people know what your post count is? I really should just get off here and go to bed....

IAmPamCakes Posted 5 Jul 2013 , 2:22am
post #67 of 97

AClick on our names and our profiles show up.

BatterUpCake Posted 5 Jul 2013 , 2:24am
post #68 of 97

Darn! You are beating me! Be back in a 1/2 hour! lol  ANy advice I give I probably learned here so if they don't take mine someone else will tell them the same thing.

cake queen 2013 Posted 5 Jul 2013 , 2:56am
post #69 of 97

it sounds to me that the real issue is between you and your sister, something that complaining on this site won't help with.  you said you are ok with people doing your designs but not this person.  you even said that this person took from 2 of your cakes and made one cake.  Well... that really isn't copying, it's taking inspiration from 2 of your designs to make ONE cake.  you said no to your sister and she had every right to get someone to make a cake for her event.  I'm sure you have had clients bring pictures of other cakes that they want!  People recreate other cake designs all the time, just look at all the pics on this cake site.  There are a ton that look the same!! Get over it!! Find some way to amend your relationship with your sister and stop wining about such a minor issue.  You just may be alittle jealous of the other cake, you say it was bad but you didn't post any pics of it.  Makes me wounder if they really did a great job.  Stop looking for people on this site to pat you on the back and say poor baby and be adult and try to a adult and talk to your sister.

taartenmaker Posted 5 Jul 2013 , 3:50am
post #70 of 97

AI understand why you're upset, but thats because its way more personal than doing business.

my designs sometimes get copied, but I also copie designs when a client has a picture of the exact cake he/she wants. Thats business. Yours is waaaaaaaaaaay more personal.

Janine D Posted 5 Jul 2013 , 3:52am
post #71 of 97

AIt is a bit irritating if your original idea gets copied but I suppose you have to consider it being a compliment as you are setting a trend :). If you post your pics on the Internet it is to be expected.

Drxkfairy Posted 5 Jul 2013 , 5:10am
post #72 of 97

AI think this hole thing has blown up to be big then it needs to be. My sister drives me crazy when it comes to cakes she even goes as far as to clam some of my cake design as her own some times but when it comes right down to it she is my sister( I will always love her )and its just a cake. If I sat there and got mad Every time she mad me mad or people clam my design as there own I would never get out of bed.

( shout out to my other lovely sisters for helping me come up with some of my designs and the people off the internet )

carmijok Posted 5 Jul 2013 , 6:08am
post #73 of 97

AI have copied cakes verbatim before because I wanted to do the technique or I just loved the design and wanted to do it. I do however give credit to the original designer whenever possible. But then I can't always guarantee the person I copied didn't copy it from someone else!

It would have been nice if the other baker had been kind enough to tell others that she used your design (provided she knew it was yours)..but she didn't. You could have said (loudly). "Wow I've never seen one of my designs copied before...I'm so flattered!" It would have at least let others know...and that seems to be what you wanted.

As far as 'stealing' an original cake design, I happen to have done a baby gender reveal cake that has been copied and interpreted tons of ways and I see it crop up periodically over the Internet. I don't know why it became so popular...I didn't think it was anything special but for some reason it struck a chord with people and they began copying it. No one asked my 'permission' and not everyone gave me credit--but I figure that's what happens when you post a picture on the Internet. If you're proud enough of your work to show it off, then don't get your nose out of joint when someone likes it enough to take the time and effort to try and recreate it!

You're upset with your sister. Don't take it out on the poor baker who was only trying to please her customer...I'm sure there was no malice towards you involved. In the great scheme of things it's just cake. Vent and move on.

SugaredSaffron Posted 5 Jul 2013 , 9:07am
post #74 of 97
Quote:
Originally Posted by carmijok 
As far as 'stealing' an original cake design, I happen to have done a baby gender reveal cake that has been copied and interpreted tons of ways and I see it crop up periodically over the Internet. I don't know why it became so popular...I didn't think it was anything special but for some reason it struck a chord with people and they began copying it. No one asked my 'permission' and not everyone gave me credit--but I figure that's what happens when you post a picture on the Internet. If you're proud enough of your work to show it off, then don't get your nose out of joint when someone likes it enough to take the time and effort to try and recreate it!

Because it was quite simply, epic.

costumeczar Posted 5 Jul 2013 , 11:32am
post #75 of 97

A

Original message sent by howsweet

I was wondering about the rack up the post count comment, too. My guess is there are some people who listen more to the advice of someone with a lot of posts.  I've posted the correct answer in other areas of the forum and been ignored while misinformation was apparently more appreciated. I wonder if it was the post count thing?

I doubt it...it's more the "I'll ask for advice and only accept the parts of the responses that i like in order to justify doing what I want to do anyway" thing. N If someone comes on here and has a super high post count within a couple of months I'd be wary of their advice. If they're that successful and busy then how do they have time to be on the internet handing out so much advice all day. That sounds like someone who doesn't have anything to do other than to spout off.

BatterUpCake Posted 5 Jul 2013 , 12:23pm
post #76 of 97

But someone could have a lot of posts not because they are so successful...but because they want to be and ask a lot of questions...

carmijok Posted 5 Jul 2013 , 2:49pm
post #77 of 97
Quote:
Originally Posted by SugaredSaffron 

Because it was quite simply, epic.


LOL!!  Well I don't know about that!  I guess my 'fame' was the trade off for me having to give up my tickets to the Antiques Roadshow that summer because it took me longer than I thought it would to make. It was SO hot and I kept having to work on it a little at a time and put it back in the fridge.  Fortunately my friend was able to keep it in her refrigerator until just before the party...otherwise it might have been a puddle that NO one would have wanted to copy!  But thanks for the nice comment!  I've never had the word 'epic' attributed to me in any capacity!!  icon_lol.gif   Unless it involved me doing something stupid that is.

Sweet_Cakes Posted 5 Jul 2013 , 2:49pm
post #78 of 97
Quote:
Originally Posted by Sugar_Art_Cakery 

@ mcaulir - their not free to take someone else's design, their original idea and copy it and then make money from something you designed. That's ridiculous. That's like saying a painter can paint a distinctive painting and that another painter can COPY his work exactly and then sell it for profit?? How incredibly wrong would that be??
 

Unfortunately, this happens...they are called prints. If I'm not mistaken, art is intellectual property and therefore not able to be copyrighted, so everyone rights to it. I may be wrong though. I understand your disappointment...but it is part of the business.

costumeczar Posted 5 Jul 2013 , 3:16pm
post #79 of 97

A

Original message sent by Sweet_Cakes

Unfortunately, this happens...they are called prints. If I'm not mistaken, art is intellectual property and therefore not able to be copyrighted, so everyone rights to it. I may be wrong though. I understand your disappointment...but it is part of the business.

No, art is the intellectual proerty of the artist. Even if you pay someone to do a painting, or hire them to do other artwork for you, the artist retains the rights to make prints of the artwork. You don't own the intellectual property rights unless you've made arrangements with the artist to have the right to reproduce it. That's why musicians negotiate the rights to who owns the music after it's recorded and released, them or the studios.

Intellectual property doesn't mean that it belongs to the world, it just means that it's something that's created from someone's brain, to make it simple. But cakes do not fall under copyright or trademark laws, and neither do recipes.

howsweet Posted 5 Jul 2013 , 3:42pm
post #80 of 97
Quote:
Originally Posted by carmijok 

I have copied cakes verbatim before because I wanted to do the technique or I just loved the design and wanted to do it. I do however give credit to the original designer whenever possible. But then I can't always guarantee the person I copied didn't copy it from someone else!

It would have been nice if the other baker had been kind enough to tell others that she used your design (provided she knew it was yours)..but she didn't. You could have said (loudly). "Wow I've never seen one of my designs copied before...I'm so flattered!" It would have at least let others know...and that seems to be what you wanted.

As far as 'stealing' an original cake design, I happen to have done a baby gender reveal cake that has been copied and interpreted tons of ways and I see it crop up periodically over the Internet. I don't know why it became so popular...I didn't think it was anything special but for some reason it struck a chord with people and they began copying it. No one asked my 'permission' and not everyone gave me credit--but I figure that's what happens when you post a picture on the Internet. If you're proud enough of your work to show it off, then don't get your nose out of joint when someone likes it enough to take the time and effort to try and recreate it!
 

I'd love to see which one it is! Please post!  It's fine with me if people pass on giving credit for my designs because that can cause problems when not everyone does -- I found one of my designs on Flicker where the baker had graciously given credit, except she gave credit to the wrong person ---someone else who had also copied my design. That i don't need!

BatterUpCake Posted 6 Jul 2013 , 1:11am
post #81 of 97
Quote:
Originally Posted by howsweet 

I'd love to see which one it is! Please post!  It's fine with me if people pass on giving credit for my designs because that can cause problems when not everyone does -- I found one of my designs on Flicker where the baker had graciously given credit, except she gave credit to the wrong person ---someone else who had also copied my design. That i don't need!

I asked her yesterday and she sent me the link...now I want to stalk pregnant women so I can make this cake! lol  http://cakecentral.com/g/i/2106974/a/2107236/baby-gender-reveal-cake/?utm_campaign=website&utm_source=sendgrid.com&utm_medium=email

Norasmom Posted 6 Jul 2013 , 1:42am
post #82 of 97

Make her a cake that looks like a cat.  Call it the Copycat.

Sweet_Cakes Posted 7 Jul 2013 , 10:18pm
post #83 of 97
Quote:
Originally Posted by costumeczar 


No, art is the intellectual proerty of the artist. Even if you pay someone to do a painting, or hire them to do other artwork for you, the artist retains the rights to make prints of the artwork. You don't own the intellectual property rights unless you've made arrangements with the artist to have the right to reproduce it. That's why musicians negotiate the rights to who owns the music after it's recorded and released, them or the studios.

Intellectual property doesn't mean that it belongs to the world, it just means that it's something that's created from someone's brain, to make it simple. But cakes do not fall under copyright or trademark laws, and neither do recipes.


Thank you! I wasn't entirely sure how it worked...I just know that there is some property that no one can really copyright... :-/

rsaun Posted 10 Jul 2013 , 6:09am
post #84 of 97

Even if someone uses your design, it's still their "work" that's involved -- their time, supplies, materials, etc.  It's okay for them to get attention for their work.  Plus, if they merged two different designs into one cake, they used some "creative expression" of their own that wasn't 100% yours.

 

I'm sure you're frustrated because someone's getting credit for your design, but I doubt the "ooh"-ers and "aaah"-ers were that excited about the design per se, and more excited to see a cake at the party.  People are a little "cake-crazed" these days and get excited to see something that isn't a sheet cake with roses piped onto the corners.  

 

Sorry this happened -- if it were me, even with only 2 weeks to go, I would've done my sis's cake and avoided this whole mess.  Live and learn, I guess...

Shasha2727 Posted 27 Sep 2013 , 1:41am
post #85 of 97

I admit I have not read 100% of all posts on this thread, tho I read a bunch, buy from a strictly LEGAL standpoint, heres the deal.  Unless you have registered your design when you thought it up & when you presented the finished product, and had a T (trademark symbol) on said cake advising all who see it in real life and photos later that this is a REGISTERED DESIGN of _______, it's fair game to all who see to copy. One way to registed your idea / design is to sketch it out and mail the sketch to yourself, and keep the sealed envelope in the event there is litigation. But no one is going to sue over a cake design. Now legal & moral are very different; your letter "seethes" with clues to the real base issue here, and it seems pretty obvious there are other tensions between you & sis that go waaaay beyond a stupid cake design (I'm feeling the accusation of "rip off" over a fair market price purse / shoe cake is involved). Really, I have yet to see a cake that is 100% unique in every way. People have been copying cake decorations since Betty Crocker was born, and it's perfectly OK to do so. Someone created the first recipe for cake and we all use variations of this, none of us made the first magical flour/sugar/baking powder blend, so no one owns the rights to any decorated cake plans.

 

When you describe yourself as a "professional" and the cheer mom as not a pro, what do you mean?  Did you go to pastry school or perhaps get a food handling certificate from a tech school? Do you have a shop or a licensed operation, or do you just dedicate yourself to being a really awesome cake baker/decorator?  These days there are more people trying to run cake businesses than you can shake a stick at, and the vast majority are self taught, which is just fine, but that doesn't make a professional. Pastry classes & certification here in Orlando at Cordon Bleu cost in excess of $30,000, and the students/teachers designs are not copyright protected.

 

Honestly, I think your sister handled her end of things very poorly to say the least. It was NOT a nice way to do it, but she may not really understand how much goes into the kind of cakes you make. In April I made a 300 serving cake with 2 weeks notice in between other cakes & chemo, for a charity; 2 weeks notice is not a mortal sin. But if somone asks you to make a cake and it just won't fit in your schedule, you have no option but to say "I can't do it" and understand that they will be seeking their cake elsewhere. Sisters back up baker probably isn't as creative as you, and asked sister for ideas, and I'll bet she showed her your cakes (IF she hadn't already seen them) for inspiration, and she used your images as a go-by to make the cake. And she probably worked pretty hard on her version.

 

I honestly think you & sis need to have a real open honest heart to heart about this and what ever else is creating the riff between you, and that you should tell her how ripped off you felt when you saw your design mangled by this other person with absolutely no preface or explanation; that was not cool, but you said she felt you "ripped" her off with the $200 cake, so maybe she feels it's all fair.  I really empathize, as someone who has had a picture of their cake design taken to Publix for them to try to copy for "less $"! And now the resulting cake appears in their wedding cake album for other brides to possibly choose, which sucks, but theres nothing I can do about it.  I'm just happy Publix isn't my sister, and therein lies your problem; sisters are for life, and just wait till you loose one (mine died in car crash at age 33). You can't protect your intellectual property unless it contains "unique proprietary properties", and cake & icing quite frankly don't fall into that catogory.  

 

Good luck resolving this; it isn't worth the stress and drama.  Work thru it and move on if you can find a way.  It's a cake!!! And cake should be all about happy.

Best Wishes.....

jason_kraft Posted 27 Sep 2013 , 1:51am
post #86 of 97

A

Original message sent by Shasha2727

I admit I have not read 100% of all posts on this thread, tho I read a bunch, buy from a strictly LEGAL standpoint, heres the deal.  Unless you have registered your design when you thought it up & when you presented the finished product, and had a T (trademark symbol) on said cake advising all who see it in real life and photos later that this is a REGISTERED DESIGN of _______, it's fair game to all who see to copy. One way to registed your idea / design is to sketch it out and mail the sketch to yourself, and keep the sealed envelope in the event there is litigation.

This is not entirely accurate. Original creative work is covered by copyright automatically, there is no need to register to get copyright protection (although you can register if you wish, this is required if you want to file an infringement lawsuit). If you want trademark protection (such as for a brand name) then you do need to register. Mailing a design to yourself is not proof of anything.

More info: http://www.copyright.gov/help/faq/faq-general.html

BrandisBaked Posted 27 Sep 2013 , 1:53am
post #87 of 97

AUm... Betty Crocker isn't a real person. :sssh:

BatterUpCake Posted 27 Sep 2013 , 1:54am
post #88 of 97

Quote:

Originally Posted by BrandisBaked 

Um... Betty Crocker isn't a real person. shhh.gif

 

WHAT?!?!?!

:o

costumeczar Posted 27 Sep 2013 , 10:30am
post #89 of 97

A

Original message sent by jason_kraft

This is not entirely accurate. Original creative work is covered by copyright automatically, there is no need to register to get copyright protection (although you can register if you wish, this is required if you want to file an infringement lawsuit). If you want trademark protection (such as for a brand name) then you do need to register. Mailing a design to yourself is not proof of anything.

More info: http://www.copyright.gov/help/faq/faq-general.html

And you can't copyright a cake design either, so there's that little issue.

cazza1 Posted 27 Sep 2013 , 12:53pm
post #90 of 97

Hells Bells, how did most of us learn?  We copied cakes that we liked.

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