I use to sell ceramics and the same thing use to happen to me. I think it's part of any business. I never got angry when people would copy my techniques or designs b/c I believe in education and I thought that is what these sites/forums provides us. What you ladies need to remember is that Quality is what really matters just b/c someone steals a client from you or your ideas doesn't mean that they can duplicate your item exactly the way you do it. I charge a design fee then apply it to the purchase if they went with my design. No need to get angry just redirect that to a positve way of doing business. Your reputation is everything is the most important thing in business.
I have no problem with someone copying a design, I do it all the time! (come on, there's hardly ANYTHING original these days).
I was only upset because she KNEW before she even met with me that she wouldn't be using me. She even had me meet with her a second time, to get the 'perfect' design. You don't think that's even a little unethical? I wasted a lot of time meeting with her.
It's also not like she had taken a picture of a design I had already created, and took it to another decorator, she took a NEW design, one that I haven't even had a chance to make yet, and took it to someone else to be theirs. Those designer clothes were made first, then copied. If the knock-offs had stolen their SKETCHES and made the clothes, I guarantee there would be charges pressed.
I'm not saying my design is worth that much, I just don't like to be USED - by anyone.
I was not trying to say that what this lady did was right, but that maybe it was not intentional. I was trying to give her the benifit of the doubt. Maybe she loved your design so much and took it home to her husband and he saw the price tag and said no way! Then she takes it to another decorator asking for the design in order to get the design she loves. While it might not be the ethical way to do things, I doubt she was out to steal your design from the beginning. But then again maybe I am wrong, I tend to think all people are well meaning, when many are just not. I think the best thing to do would be to charge a design fee, like stated above.
BTW- I could see why she would love your design! Your cakes are amazing!
I was not trying to say that what this lady did was right, but that maybe it was not intentional. I was trying to give her the benifit of the doubt. Maybe she loved your design so much and took it home to her husband and he saw the price tag and said no way! Then she takes it to another decorator asking for the design in order to get the design she loves. While it might not be the ethical way to do things, I doubt she was out to steal your design from the beginning. But then again maybe I am wrong, I tend to think all people are well meaning, when many are just not. I think the best thing to do would be to charge a design fee, like stated above.
BTW- I could see why she would love your design! Your cakes are amazing!
Thank you, Euphoria, I appreciate that coming from someone whose work I quite admire, such as yourself!
I normally would think the exact same thing, that she intended on using me, but couldn't afford the price. Unfortunately, as I stated in my initial post, I found her wedding blog. I probably shouldn't have read it, but I did. She stated quite clearly in a post dated before our first meeting that she did not intend on purchasing her cake from me, that her only goal was to get a design because the business who would be making her cake - who is notoriously 'cheap', does NOT do custom designs. You choose one they've already done, or bring them a picture or sketch.
I typically give people the benefit of the doubt, unfortunately, in this case, she outed herself without knowing it.
I guess it made me realize how many times this may have happened without my knowledge. I will still continue to give people the benefit of the doubt in future though!
Intellectual Property Rights 101.
As an artist, in school they beat this into my head, because art is always imitated!
First off, any design or idea, or creation captured (as long as it is out of your head LOL) whether through paper, website, photo, plans, or even discussions as long as it has been heard by another person and recorded somehow such as an appointment, etc. is immediately copyrighted by the designer or artist the minute it is created or discussed. You do not have to write the word copyrighted or use C in a circle. It's your work.....However, if you are worried about your design I suggest you put that on your design. As when discussing plans about the design I suggest you discuss the fact your ideas are copyrighted the minute it is out of your head and comes out your mouth!
Secondly, I suggest anyone worried about their designs with anyone should have an intellectual property notification that the customer signs with wording like: The use of these images or design by you, or anyone authorized by you, IS STICTLY PROHIBITED unless specifically permitted by these terms and conditions or specific permission provided by the rights holder. Any unauthorized use of the images and or ideas discussed may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Thirdly: Even if you post a picture on a website that you created it is your property unless you copied another artist, but to make yourself feel safe you can add the copyrighted C mark.
This is why I have problems with cakecentral. Too many designs are floating around on the threads and in the actual cakes that are not attributed to the ORIGNAL creator. I remember a beehive cake in a thread recently and I asked who originally created it and the person could not tell me. Reproducing the picture is illegal. Period. Creating another cake just like it is illegal Period.
That is why when having discussions about well known characters in the public media (such as Barbie, Spiderman, Care Bears etc.), are not allowed on your website without the written permission of the creator.
Hope this helps!
P.S. turquesa you can take that person to court or you can actually go to the other designer and let them know that they can not create or advertise that cake again.
Oh, one more thing, even if you changed the color or added or took something off it does not change the fact the design is yours. Think about the musical court things you hear about where they used a lyric.....(not the whole piece) and they violated copyright laws.......
Oh I would have posted a comment to her on her blog.... 
I would have said something like......Thanks for our design meeting...It was so nice to read that my valuble time was spent on someone who was unwilling to tell me that all they wanted was my design. Next time....please let me know in advance that you only wanted my design...By the way....I do charge for a design only consult...$50.00 is past due. 
Sorry...that really chaps my hide. I am really not a confrentional person. But it was an original design. Ok..ok I am not really that bad...I do give people the benefit of the dought.
She should have told you...At least you would have known.
I am so sorry to hear that.
EdenCakes....your cakes are great and don't you forget that!!!!
edencakes - Thanks for the compliment!
Well, I must have missed the note about the blog! That is pretty gutsy on her part! I would probably be upset also in this case! I like the idea of putting a note on her blog. If nothing else to let her know that you know what she did! And charge a fee next time for sure! Kind of like a deposit, returnable when they place the order with you.
tiptop57- WOW I like the signed agreement not to take it to someone else for duplication...
Never give out your photos or sketches! I can't stop people from copying from my website, but I would never give out the original sketch. If someone else needs to see it, they should attend the meeting. At least get a non-refundable deposit on the potential order first. This is a sad fact of life - we can't protect ourselves all the time, but we can minimize the risks.
Sorry you got tricked like this. I suspect that reading her own words about it made it that much worse. Chin up...you must be REALLY good!
If not for duplication, Wilton would not be in business, you all's favorite girl Martha would not be out of jail, Colette Peters would be a begger.
It is not that serious, it's a cake, a cookie, etc. Not to mention we don't live near each other. We are all in different parts of the country and differents states.
And for goodness sake, when it is all over there is nothing left to see.
If not for duplication, Wilton would not be in business, you all's favorite girl Martha would not be out of jail, Colette Peters would be a begger.
It is not that serious, it's a cake, a cookie, etc. Not to mention we don't live near each other. We are all in different parts of the country and differents states.
And for goodness sake, when it is all over there is nothing left to see.
As has already been stated, the problem IS NOT with the duplication of design. It is with the dishonest use of time and creativity, when a custom design is knowingly taken from the creator to be used by someone else. To ask a decorator to duplicate a design you like is one thing, but to have someone conceive and develop a design specifically for you to take elsewhere, DOES seem dishonest, don't you agree?
Also, if "when it is all over there is nothing left to see" is really how you feel, then why do you decorate at all? You have some very fine work in your photos, and I'm sure you take great pride in what you create. If it didn't matter, then why would you do it?
And my goodness, thanks everyone for the compliments 
I guess I'll take that she wanted MY design as a compliment too 
I would totally be ashamed to admit on my blog, for all the world to see, that i lied to someone & used them just to get what i wanted, because i was too cheap to spring for their expertise on the actual cake making part of it. i agree leave a post on her blog so she won't feel so smart about getting away with it & everyone can see that when you do stuff like that it really does affect others.
If not for duplication, Wilton would not be in business, you all's favorite girl Martha would not be out of jail, Colette Peters would be a begger.
It is not that serious, it's a cake, a cookie, etc. Not to mention we don't live near each other. We are all in different parts of the country and differents states.
And for goodness sake, when it is all over there is nothing left to see.
As has already been stated, the problem IS NOT with the duplication of design. It is with the dishonest use of time and creativity, when a custom design is knowingly taken from the creator to be used by someone else. To ask a decorator to duplicate a design you like is one thing, but to have someone conceive and develop a design specifically for you to take elsewhere, DOES seem dishonest, don't you agree?
Also, if "when it is all over there is nothing left to see" is really how you feel, then why do you decorate at all? You have some very fine work in your photos, and I'm sure you take great pride in what you create. If it didn't matter, then why would you do it?
And my goodness, thanks everyone for the compliments
I guess I'll take that she wanted MY design as a compliment too
Edencakes:
This thing has taken on a life all of it's own, should people go to a person for a design and then not use the person who designed it, NO of course not. But you also have to be smart about how you sell yourself. Showing some of your work to people for them to interested and sitting down and designing what will make them happy is two completely different things.
I think that by the time you get to the designing a cake for someone that they are ready to give you a deposit. Or you have charged them a fee for design time. I am new to baking for profit but not business.
An yes I do, do good work and I am proud of it however when I say "there is nothing left to see" means that it has been eaten and there is nothing left to see.
We are talking about food here. Not the Mona Lisa.
Edencakes:
This thing has taken on a life all of it's own, should people go to a person for a design and then not use the person who designed it, NO of course not. But you also have to be smart about how you sell yourself. Showing some of your work to people for them to interested and sitting down and designing what will make them happy is two completely different things.
I think that by the time you get to the designing a cake for someone that they are ready to give you a deposit. Or you have charged them a fee for design time. I am new to baking for profit but not business.
An yes I do, do good work and I am proud of it however when I say "there is nothing left to see" means that it has been eaten and there is nothing left to see.
We are talking about food here. Not the Mona Lisa.
I have, of course, now learned my lesson. From now on I will be more careful about the designs I develop for people, that's what mistakes are all about. Learning from them. I'm sorry if I'm not as advanced in that area as you obviously are.
As for 'there is nothing left to see', I was quite aware what you meant. I'm not as ignorant as you seem to think I am. I disagree about the Mona Lisa statement though.
Art is art, eaten or not.
I can see why you'd be so upset Edencakes! Your cakes are fantastic! I'm still slightly starting out myself - I haven't uploaded any photos yet because I do want to label them as I've noticed that CC doesn't have the right click disabled. I have used ideas from other sites, I frequently search the web for cake ideas (sometimes I can't think clearly!) but I usually just use bits and pieces incorporated into a bigger design.
However, I don't feel like I'm all that great of a cake decorator and I see some cakes here and I just want to try them to see if I can do it! But I can definitely see how you would be pissed...it may have been different if she was upfront and honest about it when she first consulted with you. Then you bring in the consult/design fee. 
OH and your cakes really are amazing!
I can see why you'd be so upset Edencakes! Your cakes are fantastic! I'm still slightly starting out myself - I haven't uploaded any photos yet because I do want to label them as I've noticed that CC doesn't have the right click disabled. I have used ideas from other sites, I frequently search the web for cake ideas (sometimes I can't think clearly!) but I usually just use bits and pieces incorporated into a bigger design.
However, I don't feel like I'm all that great of a cake decorator and I see some cakes here and I just want to try them to see if I can do it! But I can definitely see how you would be pissed...it may have been different if she was upfront and honest about it when she first consulted with you. Then you bring in the consult/design fee.
OH and your cakes really are amazing!
Candy - keep copying! That's the BEST way to learn. I do encourage you to credit the originator if you happen to copy a design though 
I can't wait to see some of your work!
Hi everyone,
Its me again. This may seem insignificant to some of you, but it is serious business to me - I went to art school and paid significant dollars for my educational expertise. (Snob - I know - but anyway....) my art, whether it is cake, ceramics or photos is my art! (Mine, mine, mine. Spoilt brat also-LOL)
So, I want to introduce you to Harvey Ball who worked at a company in 1963 whose company ordered a friendship campaign. Mr. Ball came up with a drawing that has had significant impact in todays society and has become a national icon. He was paid a paltry sum of $45 for his design and to date he and his family have lost MILLIONS and MILLIONS of dollars in royalties and the right of his name associated with the Piece of Art which is still being used today by a national discount store chain. It was even put onto a stamp in 1999!
The design The Smiley Face!
Be very, very careful of your designs. (And who you sell them to also!)
One more thing, when I place my work on cakecentral I am completely honored if someone wants to work my design into their own creation. My only request is that I be given credit for my own work, just as I have done for others. Wouldnt you all agree?
And my final word on the subject is stealing is stealingPeriod.
I think we are all guilty of imitating the work of others in some form or another. I also agree that credit should be given where/to whom it is due!
That said...when I do a wedding consult, there is usually a booking at that time (or shortly there after). I keep the original design for my own personal reference. (I have order forms made with a sketch area, just to refresh my mind of the cake consultation.)
edencakes: I feel your trust and skills were completely violated, and I find fault with the bride...not the decorator that used your design, she/he probably never knew what was done.
I have recreated cakes on only 2 occasions STRICTLY by the pictures, both on the request of a customer. On occasion 1, the cake was a recreation of a woman's sweet 16 cake for her 40th birthday. On occasion 2, it was a small, simple family dinner for a couple's 1st Anniversary and the cake was a miniature version of their wedding cake.
I also have 2 cakes in my portfolio that were not made by me. I refer to them as creative inspirations, used with permisssion of the creator, I would never take credit for work that is not my own.
I can tell that you feel the same way by your posts, and that is why you have taken such personal offense at your ideas being stolen under false pretenses. This is making me think twice...maybe we should only offer 1 free consultation, charge for your time if the customer requests several consults, or perhaps a deposit (non-refundable) should be required before additional consults.
You should definitely respond to her blog. Other brides should know that decorators take offense at having our time wasted when you intend for someone else to do the cake.
(Sorry so long!)
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