while i may be of a different viewpoint than you, that was pretty clever posting, my dear!! well written! 
Her motive doesn't really matter anymore, she was busted!
Her excuse sounds stupid to me, and if she really knew what she was doing (stealing credit) in the first place, that apology would be an embarsment to her business!
And besides, had she not ever looked at her own website? She said it had been brought to her attention- TODAY- that there were photos that did not belong to her!
I say lets kick her butt! 
I think I'll call Martha right now and inform her someone is trying to pass off her cake as theirs! lol
I really don't see why anyone cares, if you know they are not theirs move on, people will find out on there own. I find it easier to roll my eyes and just move on.
It's very important a) because if they're passing off other peoples' work as their own, they're misleading their customer, which is illegal. False advertising and all that. b) You can copyright a photo, and using that photo without permission is illegal. c) the work we do is precious to us. Sometimes, the designs we use come straight from our hearts. Allowing someone else to benefit from that work, without some kind of credit given, is just wrong.
In my 'other' life (before cake decorating) I did crochet design... I designed patterns and published them. I found, at one of my craft shows, a lady who'd bought one of my items for her 'granddaughter'... she took the item, figured out how to make it, and then copied the design, set it out on her table, and started selling them, undercutting me. Aside from being very unethical (and she was a minister! go figure!), because I had copyrighted that design, I was able to tell her to cease and desist. I had the law on my side.
Stealing photos and designs is a very serious offense, and it is punishable by law. Copyright infringement is a big deal, and it protects those of us who are artisans and designers, from people who would take the easy way and present our work as their own. I don't care so much that people get inspiration from my work, but when they copy it outright, without giving me credit, that's when I start getting my knickers in a twist. 
my two cents
I'm probably really putting myself out there right now but I'm a person who in fact does have some pictures on my website that are not mine. I have never lied and claimed the pictures to be mine though.
Most of the pictures on my website are mine but I have included very popular designs that I have seen on display in mulitple cake shops in my area, that have been brought to me by brides as well as some very basic designs that anyone would be able to do. Some of them are Wilton Cakes and 2 of them are from a wonderfully talented artist who is a couple towns over from me. She has given me permission to post these pictures and I have given her credit under the picture. There is one picture that I have recreated about 8 times but I do not know who the artist is as it was brought to me by a bride (of course if anyone knows I would be happy to give credit). I have continued to use their picture - not because their cake was better than mine - but because their PICTURE was better than mine. I have not always had such a good camera as I do now....
When a bride comes to a sampling with me I tell her upfront that my books have pictures of cakes that I have done, cakes I've found on the internet, cakes from magazines and so on. My intention is to give the bride who doesn't have hours to search pictures online a large selection of designs for her to look through. These pictures are meant to draw inspiration and most of the time the end result never looks exactly as the original anyway. I know for a fact that practically ALL places have binders and binders of cakes they have not done but that are offered. What's the difference between "misrepresenting" yourself in person or online?
I spent years decorating cakes for other bakeries and I got not credit for those cakes nor was I able to take pictures as a representation of my work. When I started doing this on my own a few years ago I had nothing to show for all the decorating I had done but I knew I could do any design you put in front of me (yes, I can be over-confident...lol) so I gathered pictures through various avenues that I knew I could handle.
I do see the point that everyone is talking about - I really do. I know this is very sensitive and I really don't mean to offend anyone but I just wanted to put myself out there and say that just because I have included works from other artists does not make me a bad person - does not mean that I am dishonest. I will be the first person to step up and say - NO, that is not my cake, only a representation of a design that I am able to do for you. I've never had a bride think there was anything wrong with this and they have always been grateful to have so many designs to draw inspiration from.
If someone loves your cake design enough to glorify it through emulation why are you offended? Why aren't you flattered? And you're only misleading someone if you lie about it...Not if you're honest about it and upfront. I've probably lost any friends I had made after this post but I truly did not mean to offend - I just wanted to give an honest perspective from someone who has done the UNSPEAKABLE....
Thanks for reading...
If someone loves your cake design enough to glorify it through emulation why are you offended? Why aren't you flattered? And you're only misleading someone if you lie about it...Not if you're honest about it and upfront. I've probably lost any friends I had made after this post but I truly did not mean to offend - I just wanted to give an honest perspective from someone who has done the UNSPEAKABLE....
Thanks for reading...
but you HAVEN'T done the unspeakable... you've admitted, up front, that those works are not yours, but you are capable of doing them. That's fine. I think what folks are upset about is the lack of credit due the original creator of the design or cake. That's all. As long as you're not presenting another person's work as your own, there's not an issue, in my mind. And if you've got permission to use other folks' photos, that's also not an issue.
I shouldn't think that you've offended anyone with your post... you're doing it the RIGHT way. I wouldn't worry! 
I really don't see why anyone cares, if you know they are not theirs move on, people will find out on there own. I find it easier to roll my eyes and just move on.
yes yes yes i agree,... some people or messy like that, or have nothing to do than to start drama.........if you do not want your pics stolen, then do not add them to a open form....
I dont think it was anyone's intent to start "drama." I think it is great if you can just shrug your shoulders and move on, I probaby would. But I do think it is inappropriate to use someone elses photos. Even though it is "just cake" someone has put their heart and soul into creating and designing it. You wouldnt take someone elses research paper and try to pass it as your own. The person taking photos is the one who will probably pay in the end though, when they can't create cakes like they advertise!!
Their excuse does make me laugh though. Everytime something like this comes up it is the same..."I had NO IDEA those photos were on my website." 
I would be careful placing photos from wilton etc. on my website. They say that the photography cannot be reproduced without written permission from wilton industries. Would they find out, maybe not. But if you did come head to head with them, you know they would probably win! Just a thought. Of course many of us decorate from home or recreate licensed characters which isnt allowed either. I guess you just have to decide when it is worth taking chances.
for those who don't see what all the fuss is about:
FALSE advertising for starters -- she's opening herself up to all kinds of lawsuits.
second: copyright laws -- she doesn't own the photos and therefore has no right to republish them -- that's why on CC, unless it is our own photo, we're supposed to LINK to it.
Can anyone not help but think of the $54,000,000 pants lawsuit? Ridiculous, yes, but part of his claim was due to false advertising. Be very careful how you represent yourself.
has anyone noticed that the lady has two websites?
www.thecakeladytn.com and www.thecakeladytn.net
The contact phone number is the same for both sites, bu the websites are different. Kind of weird.
I see that, and those cakes on the top banner are not hers, the first on the left is Fancy Cakes By Leslie.
And she has added a new page to her original site since yesterday.
http://www.thecakeladytn.net/page_1182266549203.html
I really don't see why anyone cares, if you know they are not theirs move on, people will find out on there own. I find it easier to roll my eyes and just move on.
yes yes yes i agree,... some people or messy like that, or have nothing to do than to start drama.........if you do not want your pics stolen, then do not add them to a open form....
Since I was the one who began this post and thread Trent, I need to say in my own defense that the object was not to start drama, but to advise those whose personal photos were being used illegally on another website that they should be aware of it. I hadn't considered a website to be an open forum, perhaps they are. Never the less the photos belong to the designer of the cake and the photographer, and copying and pasting them to your own site does not make them yours, not does it make it right. It is theft, period.
She took the apology off, but it seems there a still quite a few cakes that aren't similar caliber as others. Especially seeing her second site. Just the cowboy hats are an immediate sign to me.
Other Designs/Artist
With so many talented cake artist and designers our there, it can be difficult to choose just one design that reflects you on your wedding day. Have you already found a wedding cake designed by another artist that you want for your wedding? As cake designers and artists, we put many, many hours of thought and work into our cakes and we do not want to duplicate another cake designer/artist hard work. Bring your pictures with you to your appointment to use as a starting point. We will make the cake design your own by making changes to the colors, flowers, decorations, piping, display, etc. to make the design your own and match the theme of your wedding.
Your own design...
Have you designed a wedding cake for yourself? Have an idea in mind? Bring it in and we will make your cake that you have designed.
We want your wedding cake design to be truly yours on your special day!
(Please, do not send other cake designers/artists pictures to us by e-mail.)
http://www.thecakeladytn.net/page_1182266549203.html
I in no way wish to take credit for the previous comment. It belongs only to none other than "The Cake Lady" herself from her own website which is noted.
However, I find it very funny. OK, I'm gonna leave her alone now.
I really don't see why anyone cares, if you know they are not theirs move on, people will find out on there own. I find it easier to roll my eyes and just move on.
yes yes yes i agree,... some people or messy like that, or have nothing to do than to start drama.........if you do not want your pics stolen, then do not add them to a open form....
I really am not sure what Trent means exactly, but that's my problem.
But, there are pictures of Elmo all over the internet. That doesn't mean I have a right to use them legally. I certainly can't make cakes that look or even resemble him and sell it without risking big trouble!
OK, I'm really done now.
I really appreciate a forum that allows us to carry on conversations even if we disagree. I learn so much here!
I really don't see why anyone cares, if you know they are not theirs move on, people will find out on there own. I find it easier to roll my eyes and just move on.
yes yes yes i agree,... some people or messy like that, or have nothing to do than to start drama.........if you do not want your pics stolen, then do not add them to a open form....
Since I was the one who began this post and thread Trent, I need to say in my own defense that the object was not to start drama, but to advise those whose personal photos were being used illegally on another website that they should be aware of it. I hadn't considered a website to be an open forum, perhaps they are. Never the less the photos belong to the designer of the cake and the photographer, and copying and pasting them to your own site does not make them yours, not does it make it right. It is theft, period.
Did I single you out...NO I DID NOT!!!!!!...when I wrote that message. I was referring to those that had nothing but negative things to say.......Its over and done with, and people are still making fun of her... See I look at this way, I'm the type that see the glass half full, and not half empty. I accept her apologize, no need for me to mock her its not call for and its childish to me..By you singling me out, and the need to defend yourself WHY!!!!..you do not know me, so you do not need to defend yourself to me.. FOR WHAT..what will it solve...nothing....I have an online friend who also have a website I notice pics from, another website that was on her site....or is it the other way around did that person take her pics..I really do not know.. but best believe that I would not come back and start a form about it....I would hate to make a fool out of myself.....I meant no one any disrespect and this was not sent with angry...Tina .
I am always amused at how some throw around the word "legal"
How many of you have your cakes "copyright"?
A large company, let's say Disney got a letter from someone with too much time on their hands telling them someone copied their pic. They may send a letter letting them know they have the exclusive rights and what they are doing is illegal.
They do not want the expense of taking a small time baker to court. Not to mention the bad press it could bring. The public tends to take the side of the little guy.
If you are going to state something you should have the source were you found this information
as a backup.
I've worked for big companies in their HR department that also held their Legal staff. They will send a letter first as a warning. And they will do their best to avoid taking someone to court. The cases I've seen the letter always worked.
It reminds me of people that threat they are going to "sue" you because they didn't like the answer to their question. I have been threaten so many times and never heard from them again. Hot air thats all it is. Try to find a lawyer willing to take the case without the cost on you. I don't know of anyone that has that kind of money to go to court.
The pants, the judge has the means to go to court. I'm not clear on his reasoning for the suit but I doubt it's for the reasons he stated. My gut feeling is there is more to the story or he is just an Idiot.
This could be a very nice person who made a mistake.
Before you say why don't I just move on, I have the right to voice my thoughts too. It's not the thread that irrates me it's all the neg responses. If I look from a different view and you don't like it, maybe you need to move on. I don't think that the thread was started as an attack on one person, it is to inform.
I am always amused at how some throw around the word "legal"
How many of you have your cakes "copyright"?
A large company, let's s Disney got a letter from someone with too much time on their hands telling them someone copied their pic. They may send a letter letting them know they have the exclusive rights and what they are doing is illegal.
They do not want the expense of taking a small time baker to court. Not to mention the bad press it could bring. The public tends to take the side of the little guy.
If you are going to state something you should have the source were you found this information
as a backup.
I've worked for big companies in their HR department that also held their Legal staff. They will send a letter first as a warning. And they will do their best to avoid taking someone to court. The cases I've seen the letter always worked.
It reminds me of people that threat they are going to "sue" you because they didn't like the answer to their question. I have been threaten so many times and never heard from them again. Hot air thats all it is. Try to find a lawyer willing to take the case without the cost on you. I don't know of anyone that has that kind of money to go to court.
The pants, the judge has the means to go to court. I'm not clear on his reasoning for the suit but I doubt it's for the reasons he stated. My gut feeling is there is more to the story or he is just an Idiot.
really, they won't sue the small guy?
see this: http://www.snopes.com/disney/wdco/daycare.asp
I am always amused at how some throw around the word "legal"
How many of you have your cakes "copyright"?
A large company, let's s Disney got a letter from someone with too much time on their hands telling them someone copied their pic. They may send a letter letting them know they have the exclusive rights and what they are doing is illegal.
They do not want the expense of taking a small time baker to court. Not to mention the bad press it could bring. The public tends to take the side of the little guy.
If you are going to state something you should have the source were you found this information
as a backup.
I've worked for big companies in their HR department that also held their Legal staff. They will send a letter first as a warning. And they will do their best to avoid taking someone to court. The cases I've seen the letter always worked.
It reminds me of people that threat they are going to "sue" you because they didn't like the answer to their question. I have been threaten so many times and never heard from them again. Hot air thats all it is. Try to find a lawyer willing to take the case without the cost on you. I don't know of anyone that has that kind of money to go to court.
The pants, the judge has the means to go to court. I'm not clear on his reasoning for the suit but I doubt it's for the reasons he stated. My gut feeling is there is more to the story or he is just an Idiot.
really, they won't sue the small guy?
see this: http://www.snopes.com/disney/wdco/daycare.asp
Doug, I don't think that's what I said. They would rather not. My words,
They do not want the expense...... Maybe the word "want" has different meaning to different people.
I read the article and it seems to go with what I said. In most cases there only needs a letter to be sent to avoid the courts.
Disney discovered in 1989 that three Hallandale, Florida, day care centers had 5-foot-high kenesses of trademarked Disney characters such as Mickey Mouse, Minnie Mouse, and Goofy painted on their walls, Disney threatened to go to court if the centers did not remove the drawings. The threat of legal action did not need to be carried out, as the centers replaced the drawings with cartoon characters belonging to Universal Studios Florida and Hanna-Barbera Productions, who volunteered the use of their character art as part of a publicity ploy.
I think this thread has taken a different path than what was intended originally.
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