Have You Ever Seen This Before...look!
Decorating By peacockplace Updated 26 Sep 2006 , 7:05pm by MrsMissey
If there's a dispute about who created a design first, Linette, the courts sort it out. Leave that to your attorneys to figure out. I date my cake sketches. I create electronic files with date stamps. I have a record of when particular designs for my business were first offered for sale. It's not as hard as you think.
Like I said, the line in copyright law is a little fuzzy. Everything is decided on a case by case basis. For example, if you tried to make an exact copy of one of her cakes, but made the bow more sloppily, and your stripes ended up being wider, etc, minor differences like that, you'd be found in violation of her copyright. But if you'd changed the dimensions, used different flowers entirely, used different colors, and used diamonds instead of stripes, that would be your original design. But then you wouldn't be copying her design, would you? No, you'd be inspired by her work, and creating your own new creative work.
She may well be the original designer of whimsy cakes. So what? that doesn't mean other people can't make tilted cakes as well. She doesn't own any rights to that as a concept. Again, you can't copyright a concept, only a specific design. That's why she's not going after other big time designers making whimsical cakes. But if one of them used her registered trademark for the *name "whimsy cakes"* yes, she'd go after them.
If you make a copy of a design, you have infringed the copyright owner's "lawfull rights." Let's be practical here, though. It costs too much to file a lawsuit against small bakers copying designs. No lawyer would ever take that case. But it's still illegal.
Copyright laws exist to protect artists. Because of the structure of our legal system, a small time cake decorator is probably never going to be caught or challenged on this issue. So it's up to you to decide. Are you a moral, law abiding person? Or do you only follow the laws that you feel like following? Just because you don't agree with a law doesn't mean it's invalid. It still applies to you.
Me? I've been to law school. I know where that line is. But if I were copying a design, an element of a design, being heavily inspired by a design, I'd darn well ask the permission of the creator. And they're almost always delighted to be generous and share. It's only after being abused by self-rightous people (not calling you that--I've dealt with a bunch in my business, though!) thinking that they have an absolute right to steal my hard earned designs and sell them... yeah, you start to get snarky and defensive. Just wait until you get big and people start copying you left and right with nary a word of acknowledgement and see how you feel. 
The point is that it's not "just cake." It's art. It's design. It's law. It's business.
How many threads have we seen where we get pissed at a client for wanting a cake for an absurdly small ammount of money, because after all, "it's just cake."
If you don't respect innovation, art, design, law, you'll probably get away with it. But it's a lot more than "just cake."
I really do think that Polly was an original artist of these tilted cake designs. I remember seeing her work at least 9 or 10 years ago and it was very new back then. I have publications of her cakes from at least 1996, including in Martha's books & mags.
I'll give her this one. If she wants to copyright, I can understand why. 
WEll, like so many others here said "It's just cake". Believe me, if anyone ever wanted to copy one of my designs I'd be very flattered. I don't think I'm that good yet though, so I don't have to worry. Some people have a generous spirit and a confident nature and they're not threatened by someone copying their cake designs. To them, it's no big deal. For others it's a very big deal. Luckily there are way more of the first type around who are willing to share, especially at this site. If she doesn't want me copying any of her designs, she doesn't have to worry...I won't even check out her site. And if anyone brought me a picture with a "warning" like that, I wouldn't bother with it. It's too petty. There are many more sites with many more gorgeous creative cakes out there. Heck, checking out other people's designs is what is helping me to learn and progress at this whole craft. I don't need people like her...I got you guys who are willing to share. 
Mickig
I guess that's what seperates those of us who are "stay at home moms that just like to bake" and those that are "hard core cake designers doing it for a living." Me, I'm the stay at home mom, and I'm sorry but to me, it's just cake. That doesn't mean I don't appreciate the art, design or business aspects. When, I'm not being the mom, I'm a photographer, so trust me I get you're point.
What i can't seem to understand, is how personally everything seems to get taken on the message boards now. When I first discovered CC, I was amazed at the friendly, helpful atmosphere. Now, it just seems like more and more threads either start or end up in a cat-fight. It would be nice to get back to how it use to be.
I did see a line on a site from the UK yesterday that said something like, if you like one of our cakes.. get if from us, not a knock off. That wasn't the exact language, but seomthing like that. I guess they know brides see magazine pictures and then go get cakes cheaper. But really who can pay $10-$15 a slice? (whish my customers could)
I'm really not trying to fight. I just get all twitchy when people represent grossly wrong things as intellectual property law. People have the right to think what they want about the law, act how they want in relation to the law. I'm just trying to let people know what the law actually *is*, instead of letting gross inaccuracies and misrepresentations stand. I don't think people are doing it purposefully--they just haven't had the benefit of a law school education.
Take my information and do with it what you will. My only goal is to get the correct information out there.
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