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Decorating By Dennysse Updated 13 Oct 2007 , 5:06am by woodthi32

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nicki9774 Posted 12 Oct 2007 , 4:53pm
post #181 of 205

Ok, I looked at the sight, I think she's a little off (nice way to put it). No, I would not do it for free or cost. I'll take that back for my best friend, our godson, my nieces and nephew. To the general public or someone who calls and ask me I have a price. My hobby would be doing a contest. What started out as a hobby has turned in to so much more and hopefully soon I can open my own cake shop.

Nicki

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lovescakes Posted 12 Oct 2007 , 4:58pm
post #182 of 205

I dont see anything wrong with what she's doing, at the end of her website she specificly said "this pictures are colleted from the internet" just so people have an idea of what she can do, because she doesnt have a portofollio yet, she is trying to build one. I personally would love to do the same...free cakes for supplies just so I can practice.

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Luckylurker Posted 12 Oct 2007 , 5:12pm
post #183 of 205

I don't think copyright means what most people thinks it means. In fact, I'd really suggest you all read up on it a bit as it applies directly to what you're complaining about.

First of all, copyright infringement is not theft. There's a couple of reasons that that analogy is bad. The simplest is that you are in no way deprived of the copyrighted material or your ability to distribute it when your copyright is infringed. The second, and most important reason that that analogy is poor is that copyright is really a monopoly on distribution it is not in the strictest sense, ownership of something tangible.

Guess what, if you post your photos on a public website, you have now distributed them to the entire world. You can not be sure that any context will be carried along either as peoples' software for accessing the web may be radically different than what you use (for example, blind people rarely use a web client that downloads images, some people use software to swiftly collect images from websites and little else, etc.). In the case of you distributing your images of your cakes, YOU have done that.

You have no control over what people do with images that you have distributed save one. Copyright gives you sole authority to redistribute them in most cases (save the fair use cases another poster mentioned - though I'm not sure that poster did justice to the entire issue), so anyone downloading your images, may save them, use Photoshop to alter them, use them as their background, mock them, praise them, whatever. What they may not do is pretty much limited to 1) claiming it is their own copyrighted work (i.e. that they took that picture) and 2) redistribute it (e.g. put it up on their commercial website without your permission).

I doubt I'll change any feelings with this post, but I do hope that I will encourage at least a few people to read up on this area. Our system of copyright is in bad shape right now and it's partially due to people grossly misunderstanding what it is and what rights it grants them.

-----------------------The above was written by my husband. I have been following this thread, and reading parts to him. He is a software engineer and deals with copyrights on the web daily.

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Asliceofcake Posted 12 Oct 2007 , 5:20pm
post #184 of 205

This post has definietly gone out of control and I do apologize first hand if I offend anyone, but come on If a women wants to make cakes for free to get the experience and education under her belt, what business is it of ours. I commend her, cakes are a lot of work.
Whose ever pictures she used , be thankful and honored that she thought your picture was beautiful enough to put on her website as an example of what she is trying to achieve or can do.
It's a free country.
I apologize again if I offend anyone but, grow up. We are not in high school. She's not making millions off of your photo in particular so why complain.
I can understand if she was making money specifically from the photo but she is not. If you do not want your photos used don't post them.

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Asliceofcake Posted 12 Oct 2007 , 5:22pm
post #185 of 205

This post has definietly gone out of control and I do apologize first hand if I offend anyone, but come on If a women wants to make cakes for free to get the experience and education under her belt, what business is it of ours. I commend her, cakes are a lot of work.
Whose ever pictures she used , be thankful and honored that she thought your picture was beautiful enough to put on her website as an example of what she is trying to achieve or can do.
It's a free country.
I apologize again if I offend anyone but, grow up. We are not in high school. She's not making millions off of your photo in particular so why complain.
I can understand if she was making money specifically from the photo but she is not. If you do not want your photos used don't post them.

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tonedna Posted 12 Oct 2007 , 5:52pm
post #186 of 205

I am not going to lie..i love even the little numbers saying how many people has seen my cakes...How many favorites i have and looove the comments...But if someone want to use my cakes for a website ..pls just let me know..just a courtesy email asking would be nice!

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nicki9774 Posted 12 Oct 2007 , 6:38pm
post #187 of 205

All I was saying after all the work I put into my cakes, for close family and friends I will do it for free. I'm not saying I don't check out other websites for ideas cause I have especially if I need something special, but the only pictures that I've posted was of my own work not someone else's. I teach and tell my students to take pictures from their 1st cake until they decide that they are done. Just to see how they started and how far they have progressed. I read a book on starting a business and it tells you to make a few cakes and take pictures of those cakes so they can see your work. Maybe that' s what we should tell her. I just think it is a little deceiving because she didn't do the work herself and how do your really know that she can do that work.

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woodthi32 Posted 12 Oct 2007 , 6:39pm
post #188 of 205

[quote="Luckylurker"]I don't think copyright means what most people thinks it means. In fact, I'd really suggest you all read up on it a bit as it applies directly to what you're complaining about.

First of all, copyright infringement is not theft. There's a couple of reasons that that analogy is bad. The simplest is that you are in no way deprived of the copyrighted material or your ability to distribute it when your copyright is infringed. The second, and most important reason that that analogy is poor is that copyright is really a monopoly on distribution it is not in the strictest sense, ownership of something tangible.

......................

I have always been under the impression that a copyright legally prevents someone from profitting directly from sale or distribution of the copyrighted item. So any photo on the web automatically has a copyright, but this woman is not infringing. Is that your interpretation??

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woodthi32 Posted 12 Oct 2007 , 6:51pm
post #189 of 205
Quote:
Originally Posted by beccakelly

Quote:
Originally Posted by woodthi32

oh, I had no idea there was an automatic copyright on photographs. Can you point me to this statute? That, of course WOULD make all the difference in my opinion on this.
I can find nothing of it.



http://www.copyright.gov/circs/circ40.html#copyright
Copyright Protection Is Automatic

Under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. A work is created when it is fixed in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the present law.

...
* Stained glass designs
* Stencils, cut-outs
* Technical drawings, architectural drawings or plans, blueprints, diagrams, mechanical drawings
* Weaving designs, lace designs, tapestries




ok yes, I understand.... thank you...now,
protected from what?
I understand how you feel, but I think you have overreacted, and I certainly don't think this woman has committed a crime. icon_smile.gif

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Luckylurker Posted 12 Oct 2007 , 8:43pm
post #190 of 205

[quote="woodthi32"]

Quote:
Originally Posted by Luckylurker

I don't think copyright means what most people thinks it means. In fact, I'd really suggest you all read up on it a bit as it applies directly to what you're complaining about.

First of all, copyright infringement is not theft. There's a couple of reasons that that analogy is bad. The simplest is that you are in no way deprived of the copyrighted material or your ability to distribute it when your copyright is infringed. The second, and most important reason that that analogy is poor is that copyright is really a monopoly on distribution it is not in the strictest sense, ownership of something tangible.

......................

I have always been under the impression that a copyright legally prevents someone from profitting directly from sale or distribution of the copyrighted item. So any photo on the web automatically has a copyright, but this woman is not infringing. Is that your interpretation??




Actually, the attempt to profit doesn't do anything but stiffen some penalties for infringement. In simplistic terms, distributing a work that is copyrighted without permission is infringement. In the case of this woman, her infringement was taking images from various sources and putting them up on her server/hosting account (or more simply: webpage) without the consent of the copyright holders. This means she is distributing them. The fact that she downloaded them is no different than when you or I download them, they've been posted in their original locations by, or with permission of, the copyright holders.

Also, it is important to note, that although copyright on any creative work is automatic in the US, unregistered copyrights (ones not registered with the copyright office) are ineligible for damages in court. You may register a copyrighted work after it had been infringed, but you would then be limited to actual damages in awards in court, no punitive damages may be assigned.

For more information on any of this, please check out: http://www.copyright.gov/

The above was my husband (again).

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Asliceofcake Posted 12 Oct 2007 , 9:03pm
post #191 of 205

Is it really that serious for all of the commotion on a person using a couple of photos.
Is it really causing that much damage to you personally so bad that you are spending all of you energy posting all of your information on these posts in regards to copyrights. Is that going to stop her or anyone else from going to another website using another person's photos, so many people around the world do this on a very regular and daily basis. You are not going to be able to stop everyone from doing it.
If you go to her website, she clearly states that some of the photos are not hers, and if you would like for her to unpublish yours she gladly obliges to do so. So what is all of the commotion about.

All you are doing is giving her more business because the more you rant and rave about the more people go to look at her website and actually like her work, and more and more people are visitng her website. The more you complain about it, the more exposure she gets and the less exposure you get, so think about what you are complaining about.
It is really not that serious. Can we please move on to the next subject!!!! icon_cry.gif

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Hollyanna70 Posted 12 Oct 2007 , 9:24pm
post #192 of 205

I'm only curious about one thing...


Someone mentioned earlier how others were trashing how poorly the cakes were done, then felt bad when they found out some of the cakes were done by members here.

Shouldn't you have felt bad for saying it in the first place, no matter who made it? I mean, everyone started somewhere, and I can almost guarantee no one's cake was perfect the very first ones they made. So why was it ok to make fun of them before you knew who made them?

I just don't understand why it's ok to bad mouth someone, as long as you don't know them.

If you don't bad mouth anyone at all, then you don't have to feel bad about it later.

I'm not meaning to offend anyone, and I'm sorry if I have, I just really don't understand that way of thinking.

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Asliceofcake Posted 12 Oct 2007 , 9:36pm
post #193 of 205

I agree with you Hollyanna70, All of you woman who are bad mouthing her work, I do not see any or recognize any of your cakes on the food Network, none of you have your own Television cooking Show and none of you were born making cakes perfect, give the women a break. icon_cry.gif

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TandTHarrell Posted 12 Oct 2007 , 10:04pm
post #194 of 205
Quote:
Originally Posted by Hollyanna70

I'm only curious about one thing...


Someone mentioned earlier how others were trashing how poorly the cakes were done, then felt bad when they found out some of the cakes were done by members here.

Shouldn't you have felt bad for saying it in the first place, no matter who made it? I mean, everyone started somewhere, and I can almost guarantee no one's cake was perfect the very first ones they made. So why was it ok to make fun of them before you knew who made them?

I just don't understand why it's ok to bad mouth someone, as long as you don't know them.

If you don't bad mouth anyone at all, then you don't have to feel bad about it later.

I'm not meaning to offend anyone, and I'm sorry if I have, I just really don't understand that way of thinking.




Thats exactly why I say watch what you say, never know if that person is apart of CC's, or any other forum......I think people say what they want then think about it afterwards, maybe they are trying to fit in; maybe they think thats what people want to hear. Im not sure.. glad its over with

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erinalicia Posted 12 Oct 2007 , 10:06pm
post #195 of 205

I'm glad that the website owner came forward on here and publicly apologized. That took a lot of guts to do.

My concern is the misleading title of "Free" wedding cakes. I understand that she is doing this to build up a portfolio- BUT doing something AT COST is not FREE. I would think this practice would be counter-productive. At what point does she stop doing cakes "at cost" and start charging for her time and talent?

I make cards, announcements, etc. I'm just starting out trying to sell them and although I'm not charging my family the full amount, I'm not doing them for free or at cost either. I think I still deserve to be something for my time and energy to create my product.

Anyway, it's just my 2 cents. Best of luck to you though myohmy. icon_smile.gif

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erinalicia Posted 12 Oct 2007 , 10:12pm
post #196 of 205

I'm glad that the website owner came forward on here and publicly apologized. That took a lot of guts to do.

My concern is the misleading title of "Free" wedding cakes. I understand that she is doing this to build up a portfolio- BUT doing something AT COST is not FREE. I would think this practice would be counter-productive. At what point does she stop doing cakes "at cost" and start charging for her time and talent?

I make cards, announcements, etc. I'm just starting out trying to sell them and although I'm not charging my family the full amount, I'm not doing them for free or at cost either. I think I still deserve to be something for my time and energy to create my product.

Anyway, it's just my 2 cents. Best of luck to you though myohmy. icon_smile.gif

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woodthi32 Posted 12 Oct 2007 , 10:27pm
post #197 of 205

"Is it really causing that much damage to you personally so bad that you are spending all of you energy posting all of your information on these posts in regards to copyrights."
Alice, being intellectually curious is a wonderful way to spend your energy and has nothing to do with feeling damagedicon_smile.gif
I hope she gets a ton of business and have nothing against her whatsoever. I am rooting for her all the way. I think she is trying to be honest and available.
I thank the gentleman for taking the time to post all of that information and commend people who like to gain knowledge. I hope none of them were offended by your posticon_smile.gif

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shortNsweet Posted 12 Oct 2007 , 10:33pm
post #198 of 205

I don't know if anyone else posted this or not ( I didn't read thru ALL the responses!)...but she DOES make a disclaimer that some of the pics are NOT her own! (copied & pasted from her site)These pics should give you an idea of the cakes I can do.
Please note this is a new site and a new venture for me. Some pictures you'll see in the gallery I sourced from the world wide web. I have included them on my site because they are design examples of work that I am capable of doing. As my portfolio grows, all the sourced photos will eventually be replaced with my own photos. If anyone see's their photograph and would like it taken down, email me and I will oblige.

I personally don't have a problem with her new business venture, but I DO have a problem with how she posted photos of cakes she is CAPABLE of doing...I think she would have been better off just posting pics of her own cakes...even if there were a few.
Oh, well...just another opinion!

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woodthi32 Posted 12 Oct 2007 , 10:49pm
post #199 of 205

She was humble and gracious to come here. She showed more character than some here, and to continue to bash her shows a real problem dealing with apologies and forgiveness.
"I hope you learned your lesson..." "you've pissed off a lot of people...."?? The fact that she voluntarily showed up here with her mia culpa implies the answer to the above in spades, and I think to continue to ridicule her in any way is thoughtless at best. Please don't take it personally. I think that knee jerk reaction is common. I hope you are not "pissed off" but someone needs to defend this girl.
come on..........
No wonder she didn't post again!
And she'll probably go and buy all her stuff at SUGARCRAFT!!!!

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twinsline7 Posted 12 Oct 2007 , 11:22pm
post #200 of 205
Quote:
Originally Posted by Hollyanna70

I'm only curious about one thing...


Someone mentioned earlier how others were trashing how poorly the cakes were done, then felt bad when they found out some of the cakes were done by members here.

Shouldn't you have felt bad for saying it in the first place, no matter who made it? I mean, everyone started somewhere, and I can almost guarantee no one's cake was perfect the very first ones they made. So why was it ok to make fun of them before you knew who made them?

I just don't understand why it's ok to bad mouth someone, as long as you don't know them.

If you don't bad mouth anyone at all, then you don't have to feel bad about it later.

I'm not meaning to offend anyone, and I'm sorry if I have, I just really don't understand that way of thinking
.





this honestly should go ALL the way around on this site.....not just with this subject but for topics that talk about cheap tapedshut.gif customers ...pitiful grocery store cakes.....and "itchy" brides......Im all about venting, but the reality is anyone can register and other than the lounge...anyone can look into cc's forums without logging in OR being a member......i learned this the hard way with my mother in law! icon_lol.gif

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janicecold Posted 12 Oct 2007 , 11:26pm
post #201 of 205

I have to agree with you guys Hollyanne and Trent. As I read this thread I was shocked to see how harsh the comments were about the cake. I hope that some of those that were rude in their comments will think before they speak, or should I say type! I know that I would be totally flattered if she was to use my photos (in which I have yet to post yet) on her site.

I think that it took alot of guts for her or him to come on here and appoligize for the miss understand. I mean really, there is no harm done I would have to say!!

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woodthi32 Posted 12 Oct 2007 , 11:41pm
post #202 of 205

it's one thing to criticize someones behavior, ie: a customer's. I think that's fine to complain about how you have been treated.
It's another to criticize someone's artwork when not being at all constructive............

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Belovedeve Posted 13 Oct 2007 , 12:31am
post #203 of 205

I haven't read the whole thead just yet and I don't know if this happen 'after' you all found out...but even on her website she says that the pics are not hers and that juse shows what she can do and if anyone who wants those pics down can email her and she will take them off..maybe I am late....I don't know...but I have done serval cakes for cost.

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OhMyGoodies Posted 13 Oct 2007 , 3:46am
post #204 of 205

HollyAnna, I'm the one that made the comment about people and how rude they were talking about this woman....

I don't remember now who said it but it was extremely rude about how bad the cakes looked and it turned out the cake photos she was bashing were those of CC'ers... I would think that maybe she would bite her tongue if she had known before hand they were CC'ers cakes...

Now I'm sure we all have looked at one or two cakes on here and wondered "what were they thinking putting those colors together?" or something like "oh my all those bubbles and it's not smooth why post it?" BUT the reason for posting our "bad cakes" photos is to get help perfecting it. Not to be bashed by those who are "better" then us or THINK they are....

I'm sorry if anyone takes offense to my posts (I mean none at all to you HollyAnna just trying to clear this up for everyone who may be wondering why I posted what I did).... But alot of people here on CC have made it known in the not so distant past that they rely on and love getting comments and help improving and for anyone to act like they are better then the next gives us low totem poller's that push OUT the door instead of further in it...

What alot of people don't understand is you may be good now but honey you were bad at least once in your cake decorating life and it's basically one of those times where I just want to say "How dare you! How dare you think you are better because your cakes are perfect or near perfect or you THINK you are perfect in your decorating and we are nothing but sloppy pastry school flunkees?"....

And I also wanted to make a comment on the person who was so ignorant to quote someones post and "SIC" every flaw in their post. This is a forum, not school, not a test, not a book report where it has to be perfect, this is a place for us all to chat and talk about things... not a place to be 100% perfect in everything we do... again making it seem you're better then the rest of us because you take the time to be overly cautious with things such as the proper placement of that comma or making sure your shift key and space bar are working properly no matter how upset you are or how fast you're typing or how much of a hurry you're in.....

When is everyone going to stop being such jerks around here and go back to the way it used to be? It seems the bigger this community gets the more ignorant acting every gets.... Can't we all just grow and learn together?

Or maybe we can get seperate forums where those who THINK they are better then the rest of us can go hide away from us pastry school flunkees.... Just a thought. And yeah if you couldn't tell I'm really pissed off but I took the time to dot my I's and cross my T's and use my ............................................ and my " and ' when all I really wanna do is just use one finger to explain how I feel to a select few right now. Quit treating people like crap and maybe more people will be able to be a pro one day....

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woodthi32 Posted 13 Oct 2007 , 5:06am
post #205 of 205

kudos to you ohmygoodies
I am sad to report taht I have communicated with this woman, and she is devastated. She has received phone calls and emails, but, she said, this forum has been the most hurtful. She has tried to make this right, and that is all she can do. Can you imagine yourself feeling as ganged up on as she does? Her intentions were never malicious, yet the malice she has met from this community of which I now am a member is truly embarassing.

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