Disclaimer: I'm Using Other Peoples' Photos!!! Ack!!!
Business By BrandisBaked Updated 12 Jul 2007 , 2:45am by Jenn123
Disclaimers will not cover you from copyright infringement. Saying that you didn't make the cake will also not help. 
I am afraid they are right when they say that whoever took the photograph owns the copyright on that picture and it doesn't matter if you saved it to your favourites or anything like that, you have to have written authorisation from the photographer to legally use that pic anywhere, including on websites.
Most people will probably give you the ok, especially if they are CC members, but please do be aware of the legal requirements of this.
It is not a matter of thanking them or acknowledging that they made the cake, it is all about the copyright rules to photographs.
This is just a heads up for you to cover your lovely tushie, because I would hate to see you get into legal trouble. 
Most people will probably give you the ok, especially if they are CC members......
I have to say from experience with this very thing alot of people are very happy to share just as long as you give them credit! I PM'ed 20 CC'ers and asked for permission to use one of their photos and they all said yes. Every single one that I messaged replyed back and gave me written permission. Along with the name they wanted displayed on my site.
As for "copying" a photo to recreate it, when I posted them on my site the idea behind it was for use as an idea or inspiration in choosing a design, not to choose a cake to be identically duplicated. Also while going thru peoples galleries that gave prior interest in this subject thru the thread I posted, I asked for use of only cake pictures I know I can recreate to an extent. My clients will be told that the colors may not be IDENTICAL because it's very hard to match colors a second go 'round even if you are the original creator lol. But the photos will be used for someone to look at and say "Hey I'd like one of those CupCake Bouquets you have on the ideas page, but I want it in a red basket with white and blue icing for the 4th of July" type thing... for use as mainly a guide in choosing a cake.
The main reason I did what I did was because I do not have the money or the orders to make all the things I know I can make, and that I want to make, and there for I can't have my own photos yet. When I do get the chance to make one of them I will remove the other person's photo and PM them letting them know it's been removed and ask for permission to use another one from their gallery if I want to. Anyway I think it's best to get written permission first... I know it does take a little longer to search the galleries for the design or type of cake it is to find the original creator but it's the right thing to do. Plus if you happen to use a photo from some other source on the net such as for example only Freed's bakery in Las Vegas (only because I have one of his photos saved due to a client wanting the exact cake) without his permission he could sue you...
Good luck in this 
I agree with everything OhMyGoodies just conveyed! I was one of the people she PM'd to ask permission to use a photo...and I'm more than happy to do it for one of my fellow CC'ers...and am VERY pleased that she PM'd for written permission first! I think that's very important and shows integrity! This is something I may look into adding to my website in the future, and I will handle it the same way OhMyGoodies has!
It's not that I wouldn't ask... I simply don't know who created any of the cakes I have in my files. *sigh*
so then I ask again. Would it be possible to post the link to the site that you have these pictures on for us to help? I know there are a lot of cakes on here that people have posted and then said oh I saw it on this and this site. Or this person did it. I am sure you would get a lot of support from the community to help you locate where all of the cakes came from.
Or is this something you do not want to do? I know I would be willing to help out and I am sure others would be too (i mean who doesn't want an excuse to browse the internet for cakes? I bet you won't find a no answer from anyone here)
I'd be happy to help locate some of the creators I mean come on now I sit here all day and all night lmao I have nothing else to do then to look thru the photo galleries and also check google 
I had this same issue when I began my own business from my home. I had not made enough cakes (in my opinion) to even make a website look good, so I did (for a small amount of time) use some photos that I had found via the internet as examples. IF THE PHOTOS ARE COPYRIGHTED, YOU WILL NOT BE ABLE TO SNAG THE PHOTOS WITH THE CLICK OF A MOUSE. As far as I am aware, unless the photo is copyrighted, you aren't breaking any law or infringing on anyones "ethics" as long as you do specify that these photos aren't cakes you've created, but examples of what you have the ability to make. Now, a couple of years later, I have been able to remove all photos that are not my own creations and replace them with my cakes. What a wonderful feeling that was!!!!
Another thing I do is when a customer gives me details about what they want, I ask them for a little time to gather some photos to show them ideas. I use Cake Central for that most of the time--what a goldmine of photos!!! I do save these photos, and either email them to the potential customer or have them come to my home (especially with large event cakes) and browse the photos. The customer knows up front that the photos that I have compiled for them are not cakes I have created, but cakes that resemble what they are looking for. I haven't had any problem with using this method, and it tends to be quite helpful. I have found that customers want our input because cake creation and decoration isn't something that everyone has the talent for! Also, I urge potential customers to email me any photos they may have found that resemble what they like.
I am posting 2 photos for you for my latest example. The first 2 tier cake photo was NOT created by Suzian's Cakes. It was the photo the bride sent me showing me what type of decoration she was interested in. The second photo is a cake that WAS created by Suzian's Cakes. Taking the decoration idea from the first photo and adding her dimensions and the seperate acrylic pedestals gave the bride and groom exactly the cake they were looking for! Since the bride and groom lived out of state, this was a wonderful way to get information to each other. Needless to say, the bride was very pleased with the end result! I hope this helps...and of course, I would be happy to lend you any photos from my site that you need at anytime. You can find my creations at www.suzianscakes.com. (And you don't have to ask permission...just use whatever you should need!)
Suzian Cunningham
www.suzianscakes.com
I had this same issue when I began my own business from my home. I had not made enough cakes (in my opinion) to even make a website look good, so I did (for a small amount of time) use some photos that I had found via the internet as examples. IF THE PHOTOS ARE COPYRIGHTED, YOU WILL NOT BE ABLE TO SNAG THE PHOTOS WITH THE CLICK OF A MOUSE. As far as I am aware, unless the photo is copyrighted, you aren't breaking any law or infringing on anyones "ethics" as long as you do specify that these photos aren't cakes you've created, but examples of what you have the ability to make.
Suzian Cunningham
www.suzianscakes.com
]
Not true. EVERY photo is automatically under copyright, it belongs to whoever has the original or took the photo. No paper work needs filed or anything, also if I went and actually filed for the paperwork and then posted one on CC someone would still be able to right click it. All not being able to right click means is that the website is set up so it's harder to take the pictures.
IF THE PHOTOS ARE COPYRIGHTED, YOU WILL NOT BE ABLE TO SNAG THE PHOTOS WITH THE CLICK OF A MOUSE.
That's not true. how the website is set up has absolutely zero to dowith whether a photo is copyrighted or not. Any photo automatically has copyrights - just not all photos are registered.
If you want to copy a cake I did...great, go ahead. If you use my photo on your website without permission, I would be very angry! It is like driving someone else's car around with a sign that says "I don't own this car. I just wanted a joy ride, so you can't arrest me for stealing." I think that you are asking for trouble if you do this.
We would all like to have an instant website with a million glorious photos but they need to be your own work. Or at least photos that you have permission to use. Perhaps you should start over and collect new photos along with permissions.
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