My Cake Picture On Someone Else's Website!! - Any Of Yours?!
Decorating By cakesbyallison Updated 16 Jul 2007 , 9:35pm by stephanie214
someone mentioned calling her....which i plan to do on monday.....even though i just sent my email tonight. but i also want everyone to understand...that while i may be upset w/her for using the photos and want her to either remove them or give me my credit.....i do understand that people do make mistakes and while it may suck that hers has been plastered over the internet...i don't feel bad or sorry for her.....she posted the pics on the internet....not me.
i don't think this woman is the devil (which may be a little far fetched in this situation...but you get the point) and i'm surely not going to hold this against her.....and i would still give her permission to use the photo if she gave me credit for it...IF SHE ASKED!!. i would also give her any advice or tips she wanted about any cake i've done.....if she asked. i hold no grudge or hard feelings......just want her to use some common sense.
and i think most people here on cc feel the same way....just give credit when/where credit is due. and if all else fails...just ask if you don't know or not sure.
ok, i hope this made a little bit of sense. it's late and i'm tired...so bare w/me!! 
A friend of mine that does photography had some pics stolen from her myspace by someone else in our town and presented them to a customer as there's when they were really my friends. She had to take ALL of her photos off her myspace, put her logo on them and re post them to keep this random girl from claiming her pics as her own!! Are we going to have to resort to that??? Why can't people be honest anymore???
you are soooo right JSchuhmann!!!!!!
you know, this never would have happened, had all the stolen pictures had their "names" or "logos" on them. it amazes me when people post their pictures without it. 
i always put my name on mine, and...right in the middle of the picture!!! 
thieves are out there, and they're smart...you should be too! 
if...they can find a way to remove it...then there is nothing you can do.
Brandisbaked, I'm with you on these topics.
I understand the disappointment, anger, etc. but it can get out of control sometimes. It has gotten really bad in the past. Not that it is now but there's a fine line.
I do think she knew better but I also think that she should have a chance to explain herself or at the very least, apologize.
And I think it's very possible that she just may not be online lately for whatever reason...given the fact that her site hasn't been updated and the original posted hasn't heard anything back. I'd like to think that if she was just embarrassed, she'd at least do what just about every other "offender" has done and taken them down right away. I think she just hasn't read any of the emails yet.
I must say, you'd think there have been enough of these threads posted to deter this "crime". 
Why am I still up?
I believe in compassion and forgiveness too - but this woman hasn't really done anything to earn our forgiveness yet. She hasn't taken our pictures down or even acknowledged that she has done anything wrong and she hasn't yet given us the standard "Oh someone else did my site and they did it" excuse - which is likely to come.
I don't want her shot and I don't want to ruin her business, but if she makes money by using our copyrighted photos then legally she could be forced to turn over her profits as well as other damages for loss of our profits resulting from her diluting our work.
Another thing - It's possible that someone could see my cake on her website first then see it on MY website and think that I am the one who stole it and spread word that I am an unethical businessperson and totally ruin MY business - which is MY sole means of support. Do I deserve THAT?
Comparing speeding tickets to intentionally stealing from someone is unreasonable. I know in my case while driving my speed may creep up and when I catch myself I realize that I am breaking the law and I reduce my speed so I will be within legal limits again. A couple of times i have gotten caught by the police before I realized that I was doing something wrong - I was given a ticket and forced to pay the fees and suffer my punishment. But that can hardly be compared to someone who sets out to steal from another person. It's sort of like comparing a seat belt violation to murder. Not all legal violations are equal. That's why you get a $80 fine for speeding and a maximum 10 years in prison and $250,000 fine for copyright infringement. Everyone likes to blow it off like it's really not that bad, but it's a serious crime.
One more thing - It doesn't make us bad people because we are angry at being wronged.
Oh! And as soon as my picture comes down off of that website all is forgiven! 
I don't need a personal apology or an excuse. I just want what's mine - and that is sole credit for my own work. Now I'm done...
Does anyone want to make a bet with me that when we hear from this woman the excuse is going to be:
"Someone else did my website and accidently put photos I had saved on"
OR
"I didn't realise it was wrong and somehow missed all the threads on this topic and the rule on CC that states you can't steal photos"
OR
"Everyone on CC is so kind and caring I thought they wouldn't mind"
From past things like this I'd be surprised if the top response isn't the one used.
Call me a sceptic but if anyone is a member here for more than a month and they MISS the fact that they are breaking copywrite and upsetting lots of people by posting photos without permission they haven't been paying attention.
Yes I'm mean and stuff, I'm sure I'm going to be jumped on for this post.
Did she actually state that the pictures were her work? Maybe that's why she put the note about asking to see the decorators actual work and not what they could do - of course that doesn't justify her removing a watermark. . .
Debbie
Ok, I just called her. (Sounded like I woke her up). I let her know that there were pictures of cakes that did not belong to her on her business web-site and that no credit was given to the designer. I asked if she was aware of this. No response - silence. I also let her know that it is illegal to make Wilton character cakes and offer them for sale. I told her that she was going to receive many e-mails and phone calls asking her to remove the pictures and ask for permission to use them, with credit given to the designer, if she received permission, to be published on her site. She hung up on me.
Keep going back and forth with this one telling myself no one would ever steal my pics so maybe I shouldn't comment. But the truth is we are all effected by this. I sign in to CC and can't wait to see the cakes. I have learned so much and have been sooo inspired by the talent here that it makes me nervous to think that people might stop sharing if there is a chance there work could be stolen. Perhaps a bold warning on the galleries page would help, if indeed anyone is that stupid. Don't think its possible unless they were just beamed down from outerspace. Please keep us posted if anything gets resolved here.
After reading her post http://cakecentral.com/cake-decorating-ftopict-95191-.html and reviewing her wesbite http://www.mycakeexpressions.com it seems that this is difinitely the same person
If she is in fact the same mmstormont from this site she knows how things work here, she knows what she needs to do to use someone elses picture and she knows what can can happen if she was caught using picures without permission
I think the fact that she is a fellow CC'er makes it even worse!!!!
Also i think beacuase these are "just cakes' some people dont think this is such a big issue. I work in the fashion industry, if my company designs something and two months later sees their exact photo someone's catalog or the exact completed item in some boutique window you better believe emails are going to be sent, phone calls are going to be made and LAWYERS would be involved.
Yes cakes are not on the same scale as handbags or garments but the principle is the same!!!!
If she is in fact the same mmstormont from this site she knows how things work here....
Give her the benefit of the doubt .... if you check all of her posts, it looks like she was only on here about 3 days (feb 5th thru 8th)
Yes cakes are not on the same scale as handbags or garments but the principle is the same!!!!
Not on the same scale .... agree. There are some cakes on here that sell for WAY higher prices than most handbags or garments .... which to me makes it worse.
She hung up on me.
Hmm maybe she would take it more seriously if it was Wilton or Disney calling her?
Or a lawyer, anyone who had a picture stolen has every right to contact a lawyer and have them call or write for them. It is copyright infringement and they do have the right to do something about.
silence and a hangup......not a good sign..
just becuase she only posted 3 days doesnt mean she hasnt been surfing the site everyday for info and pics..... im always checking this site for info and to look at pictures but i dont post everytime i visit.
So, you think because it might just be an innocent mistake, everyone should make phone calls to her business or home, and report her to another group that she may have to pay dues or application fees to, to get her in trouble and put a black mark on her business, possibly even CLOSE it before she really gets a start. I think that is seriously jumping the gun. I agree with Deb, she has a very good way of looking at it, but here a bunch of people who are generally very nice and helpful talking about basically finding a way to ruin this woman, before any of us really know what is going on... take a big deep breath, and exhale. I guess I would probably be upset if someone had taken a photo from my album and tried to pass it off as their own work, but like it has been stated a thousand plus times, imitation is the most sincere form of flattery. Anyway, no matter whether you water mark it or not, once it's online it is open for people to do almost anything with. People stealing and passing things off as their own is nothing new... i mean they've had plagerism rules at every university school in every state in the united states... and sine the invention of the internet, they are getting more and more strict about it. I'm not saying it is right, and i'm not saying what their motive was in posting these photos. I'm not saying that the people who have their cakes on this site, with out recognition don't have the right to be upset, angry, let down and a myriad of other feelings, i'm just saying lets not hang her out to dry and hold the whole trial and have them executed before anyone really knows what the deal is.
Jen
VERY WELL SAID HERE HERE
She hung up on me.
Hmm maybe she would take it more seriously if it was Wilton or Disney calling her?
Or a lawyer, anyone who had a picture stolen has every right to contact a lawyer and have them call or write for them. It is copyright infringement and they do have the right to do something about.
Ok folks. I'm one who has a photo on there. I've sent her an email, which I thought was very neutral (not mean or bit**y) offering to come to a win-win resolution. I'm giving her a chance to response by waiting for "regular business hours" (not on Sunday). If I hear nothing, I will attempt to contact her by phone to work this out.
I have not yet decided on the final step, but as a business, I do have an attorney on retainer. It will completely depend on how the person responds and the efforts made to correct or work this out.
I am not interested in shutting her down or harming her business. I think many of you will agree that I extend myself a lot to those who are getting started and am more than willing to share my experiences in an effort to help them get past the initial barriers. That same philosophy applies here. She is a fellow CC'er and if we can work out something that benefits both or does not harm either, I am so willing to go that route.
I just expect people to act accordingly. If you are going to run a business then you are going to run it as a business. Do not set up a website (improperly) and then pretend to be a business just to impress all of your little friends. Especially a website that has lectures (and links to lectures) on the proper way to do things (i.e. "ask to see photos of work they have DONE" ..... photog's msg of how it's illegal to copy photos)
I am hoping a resolution can be found that works out well for all.
Sorry to jump in on your post here but I just wanted to say thank you to all of you. I very "green" to all of this and so I am not aware of all the do's and don't's....obviously I would never poach one of your pics and claim it as my own, but I had no idea that you couldn't sell a character cake. Growing up my mother decorated cakes, mostly character, for occasions and sold them.
As I said I am very new to all of this. The only cakes I have ever made have been for my husband and kids, however I have been asked to do my first "paid" cake in 2 weeks. Before I commit to this is it anything to do with the character pans is a no-no or are we (I) able to use it and still do my "own thing" with it?
Again I want to thank you all for pointing this out, even if this thread was started for a completely different and acceptable reason.
Kudos to you all.
Sorry to jump in on your post here but I just wanted to say thank you to all of you. I very "green" to all of this and so I am not aware of all the do's and don't's....obviously I would never poach one of your pics and claim it as my own, but I had no idea that you couldn't sell a character cake. Growing up my mother decorated cakes, mostly character, for occasions and sold them.
As I said I am very new to all of this. The only cakes I have ever made have been for my husband and kids, however I have been asked to do my first "paid" cake in 2 weeks. Before I commit to this is it anything to do with the character pans is a no-no or are we (I) able to use it and still do my "own thing" with it?
Again I want to thank you all for pointing this out, even if this thread was started for a completely different and acceptable reason.
Kudos to you all.
It depends on what you mean as a "character cake" some people only refer to the Disney and other well known as them others consider ALL the shaped pans as character. Stuff like Dora, Spiderman, Tinkerbell, etc you can't copy and sell, if you look at those pans they say for home use only.
You also can't do a drawing of a character and sell it, that infringes on copyright.
You can make for example a pirate type cake for a Pirates of the Carribean party and sell it but it shouldn't have any of their specific images or logos.
tcbalgord - Before I commit to this is it anything to do with the character pans is a no-no or are we (I) able to use it and still do my "own thing" with it?
The only way that you can do this legally is:
Say they want you do a cake that has Mickey Mouse on the cake with a beach theme. You can make the cake to look like a beach. After you have given her the cake, she can then place Mickey Mouse character items on the cake that she has purchased.
Explain copy write law to her.
Do a sketch of a cake design that would go with her theme with her and explain that this is the only way that you can do it for her.
Could she have been shut down? In the post from February she stated she baked out of her house. Is that legal in Kansas? I didn't think it was but I am not sure. It is strange the website hasn't been updated.
I would think if someone had been shut down by an official source (i.e. health dept), then the website would HAVE to be shut down. Otherwise the HD could construe it as "you're still advertising which indicates you're still in business."
Just a thought......
O.K. ladies.....Let's grab our spatulas & frost and luster dust her!!!!!!......Ready!.........GOoooooooo.
Sorry...just the image that came to mind when I read this at 1 a.m.
I am in agreement that she knew what she was doing and that it is unjustifiable. Also that she hasn't been to her site in a while. The hanging up...?!...maybe you did wake her & she just panicked.
Time will tell.
She didn't use my pics but I am livid that she cause this post and therefore kept me up last night!!
yeah...let's frost her...(canned frosting of course)...and glitter....ooooh..lots of glitter...yeah! 
Trent you probably won't see this but incase you do I'll say it.
My comment about everyone being ready to shoot her was my way of saying my point. The other thread I mentioned got locked because no one agreed with my POV that it was wrong to post someone else's work as your own especially without their permission and without disclosing this information that it wasn't yours. Now on this thread someone has done the same exact thing and everyone is saying the basically the same thing I said on the other thread. And I just felt it wasn't right that because that person came in and said they were sorry it was all forgiven and forgotten about - it's still wrong reguardless - and now this woman isn't even coming in and acknowledging this and since she isn't everyone is getting more heated and it's all ok. But when I got heated about the other situation because that person purposly hid who they were by creating a new account to do the "I'm sorry" bit it was ok... I just don't get how this is any different and how that person got "let go" without anything being said but now this one everyone is ready to line her up.
And yes it is a joke no I wouldn't expect someone to really shoot her come on now shit. If you had read the whole post I made you would've understood I wasn't saying someone go shoot her because she posted your pics. I was trying to show the difference in the two threads even though there is no difference in the situation except that pic was posted ON CC and these pics are FROM CC.
SO NOW NO BODY LOAD THE GUN NO BODY GO SHOOT THIS WOMAN IT WAS ONLY AN EXAMPLE!!!! is that better? Is it understood now that I was using that as an example?
Another thing - It's possible that someone could see my cake on her website first then see it on MY website and think that I am the one who stole it and spread word that I am an unethical businessperson and totally ruin MY business - which is MY sole means of support. Do I deserve THAT?
Very valid point Wendy, why hasn't anybody brought that up? Her actions could actually affect the businesses of the people whose pictures she has been using. So when you think about it that way, makes you just a little upset doesn't it?
Thank you all for PM about this lady...my husband is planning to talk to her but I don't know if that will be any good since I see you all have tried. Yes my cake is the pink and brown mad hatter cake. It is on my website also www.daytoncakes.com not the exact same picture so she took the one picture from the one I posted here. I will you know what she said later.
marecip - maybe she did panic. But I have to say, I was really nice about it though. Not ugly or hateful. I had to assume that maybe she did not know about it. (Benefit of the doubt). Frost her...lol!
DebbyTCL..Just wanted to let you know that it never occurred to me that you may have been ugly/hateful when you called just that she was no doubt stunned at being outed.
All this does remind me of an email joke I received a while back....
(a condensed version, really!).....
For whatever reason a woman had problems with a cake she was making to send to a church bake sale so she stuck a roll of toilet paper in the center of the cake, frosted it & sent it with her daughter. She gave the girl instructions to purchase the cake as soon as the sale opened.
Well......
Mrs. Snooty Patooty bought the cake before the daughter & invited the preacher over for dinner along with the maker of the cake & several other guests. After dinner the "cake" was presented for dessert. The poor woman hung her head in shame & stood up to "confess" but before she could utter a word Mrs. Snooty Patooty puffed her self up & told the preacher (& other guests)that she baked this special cake just for them!
The original baker just held her head high & thanked the Lord for justice served.
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