I know we all talk about borrowing ideas from other cakes. I know prefessionals do it too because I have seen "similar" ok almost exact cakes on lots of sites, but I've never seen this before.


All cake designs are protected by copyright, and may not be reproduced without express permission of Polly's Cakes. Please protect artisans and uphold the law . . . buy the original.

© 2004-2006 Polly Schoonmaker. All Rights Reserved.

This was on pollyscakes.com. has anyone seen anything like this before?

There's no picture

That's interesting, that she doesn't even want someone copying her idea. But I guess she has that right.

Now I get it,she pulled it eh?

Interesting. I have never seen that on a cake site before either. And I didn't know you could copyright cake design. But I guess you could copyright just about anything. As long as it is something specific.

I wonder what would happen if a client brought you a photo of one of her cakes and you duplicated it? I think it would be really hard to enforce.

I really doubt her cakes are copyright, she just does not want someone to her idea and make it better. JUST my thought

1st of all is she a corporation and if so she must make lots of money to pay for those rights. If she has the time to file every cake for a copyright then pay the fee to protect those cakes the when does she have time to make or design a cake.

So she goes threw for every cake - does Colette, Nicholas Lodge -

If you want to register your work in US, you need to submit a completed application form (forms may be downloaded from the US Copyright Office website), a non-refundable filing fee, and a non-returnable copy or copies of the work to be registered.

The time the US Copyright Office requires to process an application varies from 6 to 8 months, depending on the amount of material the Office is receiving.


2nd her cakes are ok but a lot of those designs are done by lots of people.

If you go farther into her site. She is claiming to the be the sole creator of the "Whimsy" cakes. Which she shows as being copyrighted. I guess she was quick on the draw and got the name "Whimsy" copyrighted for her use. I don't see how each cake could be copyrighted though.

Even if she somehow does have them copyrighted, it seems like you'd be able to just make a few slight changes to the design and then it would be your own. Copyrighting her cake designs sure seems like a silly thing to do, though. Is competition in her area really that fierce, you think? Or is it just a status thing?

So if anybody wants to make one of those cakes, they have to call it "Whimsical", not "Whimsy" right?

I can't even get to her site. It requires a user id and password. GEEZ! I really wanted to see what all the hype was about.

Fabbo - she's talking about the disclaimer (it's in italics)

Cindy_GI - I got on to her site just fine without a password.

if you ask me i think she is just plain selfish. i would be flattered if someone wanted to use my ideas.

plus it would be hard for her to ploice her cakes to make sure no one else is doing them.

no one does the same kind of work so cakes would be different in style any way.

dont have up a website with your pictures if you dont want your designs used.

plus if you are in another country and cant get her to do your cake then you would have to ask someone else to do it..

JUST SELFISH...PLAIN AND SIMPLE>

I'm not an attorney, but I'm not sure she can copyright a cake design unless there is something very specifically unique about it. I don't know for sure but I'm guessing that she put that on the site just to intimidate those who are looking for good ideas. I haven't even seen the site, though. Are her designs that unique? She claims to hold the copyright for the whimsy cake, but you see those everywhere, so I guess the threat doesn't do her much good.

OK, my husband has experience in trademarks and from what I can gather...she trademarked the TERM "whimsy cakes" and supposedly the design. Now her pics are copyright protected but that doesn't stop someone else from making a tilted cake in a similar fashion. She is a little full of herself in my opinion. I don't necessarily believe she "created" this look or she is not the only person who thought of it, at least. She just got to the patent and trademark office first.
Now that's why other people have to use the terms like mad hatter, or tilted to describe their cakes otherwise it does infringe on her trademark. If you make a cake and take your own picture I don't believe she has the sole right to all tilted cakes in the country. If she does then big names like Colette Peters wouldn't be all over the place with them without getting sued. I hope all that made sense and was helpful. I find the whole thing to be a lot ridiculous nonsense, annoys me...

Yikes, there's a lot of awful information being spouted here. No offense to anyone, but it's clear that there are some VERY INCORRECT ideas about copyright and law being bandied about.

I AM an attorney (not practicing currently, but have a JD and focused on IP issues like copyright). And YES, you can copyright original cake designs. In fact, any time you create an original design, you own the copyright on that design from the moment of creation. You DO NOT have to register it with the copyright office. It is not a "race to record" area of the law where the first person to record with the copyright office gets the copyright. The first to *create* a design (should two people come up with the same design independently) is the owner of the copyright.

Now, having said that, if you want to *enforce* your copyright in a court of law, it is very helpful to register your copyright with the copyright office. It doesn't cost much, but it's a little fussy, and it does take several months. But you already own the copyright on the design, even if you never register it.

I haven't looked at the website in question to see exactly what she's claiming. But you can't copyright a concept, only a specific design. So she doesn't own the concept of topsy turvy or whimsical cakes. She *could* get a patent on a specific method of constructing such cakes, but that would cost oodles of money (patents are expensive to get! tens of thousands in attorneys fees, typically). Polly can only claim ownership of the specific designs she's created.


You want to be proper about it? Don't copy a design without the creator's permission. But in the real world? Yeah, people do it all the time, and it's hard to hold people accountable. You want to get around the copyright? Make a design inspired by the original, but with your own stamp, your own creativity, so you create a new work. It's a fuzzy, flexible line, but that should keep you safe.

I got on her site no problem either?
Checked things out nice cakes but have seen just as nice on here also . Her bio says her cakes have been in lots of magazines ect and on shows so they must have been copied at sometime ????? by someone ??? Wouldn't you think????
Oh well like i said nice cakes great job but have seen just as nice on this site too . And there is lots of others out there who like to share anyway . lol
just adding my 2 cents worth .

I checked out her sight and her cakes are really nice, but come on...are you telling me she has the copyright on a round 3-layer cake with roses...or the japanese design cake that I've seen a million times? And people are supposed to ask for permission? Um, am I going to call her up and ask if I can make one of her cakes(which i can't)...and what if she says no...it seems a little ridiculous.

again...i think she is being selfish....as you can see this really annoys me. i dont know why but it does. its cake. she isnt losing business because of it. look how many different tooth whitening systems are out there. one idea sends a lot more rolling. look at the bacon thingy that you hang the bacon on....come on give me a break...its CAKE for crying out LOUD. yes its her living but as i said she not losing business. i dont think she is anyway...appointment only.....i am sure she is ok business wise...just selfish.

No, ge978. She owns the copyright on THAT EXACT design. If you changed the flowers, made it in different colors, it would be your own design. She's not claiming a copyright on "a three layer cake with flowers," but the exact interpretation as pictured. She worked hard to create a particular design, and she owns the copyright on it. If you copy it, you are breaking the law. Are you going to get away with it? probably. But that doesn't make it right.

The whole thing is crazy...
if I don't inform the appropriate agencies or lay claim to a design? How can I say that it is mine if someone else has the same design? How can a person prove that they came up with it first? I mean, who dates thier cake sketches??? That makes no sense to me. I was not attempting to misinform anyone! Just trying to make sense of what little I know. Anyone who attempts to copy a cake isn't going to do it the exact same. There will always be variances. What happens to her "lawful rights" then? And in that case what was the point. I don't believe for one second that this woman has the sole claim to the design, that she is the "original", to use her words, and you have great designers on national television using this design and Polly hasn't gone after them. That is a little hard to believe. I guess this is why I don't post much...

I've never seen anything like that copyright cr@p she's touting either.

I mean come ON people---it's a CAKE. It's going to be EATEN. It's going to go AWAY in a few hours. It's a CAKE.

I always love it when somebody says, "Don't copy! I'm not sharing!" Not only does it seem insecure (not that she has any reason to be--her work is nice), but it gives shades of an insolent five year old.

Wonder if Monet, Michelangelo and other famous people ever walked around with their eyes bugged out at people yapping, "Don't copy my strokes! I'm not sharing my techniques! Don't invade my paint, dude!"

The web site is nice, and so are the cakes. I'll give her kudos for hard work, but in the long run--she obviously needs to grow up.

--Knox--

What bunch of hooey! If she's so original why didn't she copyright the term 'Whimsical'? Oh, that's right....because Colette Peters was one of the first decorator's to use tilted cakes..... at least that's what I read. She was making a window display for Tiffany (I think ) and she started that trend. So it seems to me that Polly jumped on the whimsical bandwagon and changed a few letters to call it her on.......shame on you Polly!

When 'Polly' started out, I can darn near guarantee you that she created cakes with ideas that were used by the people before....whether it be on purpose or just her sub-conscious in action. And as everyone has already said, there are cakes on her site that are here too....and contrary to what Polly might have us believe, we did not all copy her to get them!

Patience is a virtue but arrogance is a virus.......

I haven't had a chance to look at the site yet, but I've read thru all the posts. My question is....what if a client brings this person a photo from a magazine or website and says this is the exact cake I want, down the color and last flower? Would this person consider that "copyright infringement?"

I say no matter how successful one is, at the end of the day it's just cake. Relax and enjoy.

CakeDiva73-you hit the nail on the head! I, too, thought I read somewhere that Collette Peters was the originator of the Whimsical syle cake. I'm trying to look at it from her point of view, but, really it just makes her look kind of petty, if you ask me. As others have said...it's just cake!

Oh please, her cakes look no differnt than many others. Many of them remind me of cakes I have seen in Martha Stewart Weddings magazine. I bet you it's BS with that copyright.