I've just had two emails from some lovely fellow cake decorators letting me know that someone is using my photos on their web-site. They've used two of my photos and I'm so so so angry.
Here is the web-site:
http://www.degustibuscakes.co.uk/page_1182281795593.html

They've also used Collette Peters and Debbie Brown's work. I've emailed them asking that they immediately remove my copyrighted images. What can I do if they don't? Do I have any powers?

I'm not sure how it works on a .co.uk domain, but with most regular (.com, .org, etc) domains, you can easily find out who their web host is.

I find that a quick call or email to the web hosting company usually nets result. They don't want to keep copyrighted items on their server illegally.

In the meantime WHY OH WHY aren't people watermarking their photos??? This isn't directed at you personally... I just don't get why we're seeing so many threads like this, when prevention is SO simple!

that is awfull I recognised one from Jane Asher site too!

Thanks flowergirl - I have contacted the web-host using the details you've so kindly looked up for me. And I accept the slapped wrist meekly; I know you're right. Maybe that's one of my weekend jobs - watermarking all my images - it's just so tedious and dull, I've been putting it off - but, like leg shaving, these things gotta be done!

and... they actually have the NERVE to put "All rights reserved" at the bottom of their home page!

I would do as you have already done.. if they don't remove them then contact the website host and advise them they are using copyrighted photos..
Your cakes are so unique Emma.... I'm not sure if anyone other than a colette peters could even come close to replicating them..
Good Luck... hope they remove them with just the email you sent them... and you get an apology as well.

Hey guys there is another discussion going on about another site with stolen photos.

http://forum.cakecentral.com/cake-decorating-ftopict-555733.html

what is "watermark"?

how do you do that?

I have begun to watermark my photos.. I use that uMark lite that was posted on here a while back and it's super easy. I have a bunch done but have been reluctant to change the photos in the gallery as when I do it takes away all of the info I typed in about it and the keywords. I am hoping that that will get fixed soon..

Not that anyone would want to steal my photos.. but you know.. I can dream..

Hi emmascakes - Sorry they did that to you, but they are stealing pictures from Wilton. The picture with the witches around the cauldron is Wilton's. I think it is the second page.

These people have a lot of nerve!

If you go to the home page there's a disclaimer that states:

Disclaimer: Some of the photos contained in this website have been used to give prospective clients an idea of what can be offered by De Gustibus Cakes. Lisa would like to thank Debbie Brown, Lindy Smith and Collette Peters for their literary contributions to cake design books that have been published and to Lindy Smith, Anne Skip and Beverley Dunkley for their valued training. Any photos used on this site are copyright free.

Hmmm.....

How do you copyright photos on the Internet?

Also, are you sure they are stolen photos and not that made a copy of your cake? Ok just trying to find a reason someone would stoop so low!

I have one more question. If someone makes a beautiful cake like Emmas and they design the whole thing and it has a special look to the designer is there a law that says someone can't copy it? I know the proper thing to do is to ask but what if the person says NO you can't make my cake. Then they go ahead and make it anyway just the same way, can they be sued?

hey Emmacakes-

Sorry to hear someone is taking your work. That is SO wrong. I hope there IS something you coulddo about it! That is totally not fair!!

Prudence

JoanneK,
You might want to do a search in the forums on copyright. This subject has been discussed a lot here.

Basically, if you take a picture of something, you own the picture and have copyright protection (with no legal paperwork required) the moment you create it. Now to enforce those rights you would have to go to court which most people will not do because of the cost involved. Legally though, you own the picture and someone is not allowed to use that picture without your permission.

They are the same pictures. We can tell from the backgrounds.

And no, there is nothing to stop anyone from copying a cake idea exactly. We do it all the time here at CC but try to give credit to the one who had the original idea when it is possible. The only problems with that involve receiving money for someone else's image, like selling a cake with Mickey Mouse on it (since Disney owns all rights to that character).

Watermarking is good but we've also seen those who actually leave the watermarks on the pics they stole.

Its my understanding that you can simulate a cake design you see anywhere.. however.. the photos are copywrited automatically.. there was another thread in the forum about this very thing.. even with the disclaimer they HAVE to have permission from the one who took the photo.. its not the cake, its who the photo belongs to.

sheesh, the nerve!

though i am sorry it happened, i had to giggle a little when i found out that it was a UK website- i thought every one in the UK knew how to make perfect cakes!!!! haha.

seriously though- this is getting old. wish people would be respectful of others and represent THEMSELVES with intengrity!

The reason I asked about being able to copy a cake or a photo is because I heard that one of the top designers saw a cake posted somewhere that was a copy of one of his cakes and he contacted the person who did the copy and posted her photo. He said if she didn't remove it right away or if she ever made another cake like his he was going to take her to court.

This cake was a bunch of flowers, not Disney or anything like that. So I was wondering if he was just throwing words around or if someone could really sue you for making a cake that is just like the one someone else designed.

I know whenever I make a cake that is like someone else did I will always change something about it so it's not the same. Besides, I can't do the wonderful work like the person I want to copy anyway.

No, as a general principle, it's NOT ok to copy another person's design exactly. The original creator of a design owns a copyright in the design. Yes, it happens all the time, but you should get permission from the creator before making a copy of a design. You can be inspired by a design and make your *own* creation, and it would be considered a derivitive work. That work might or might not infringe on the original copyright, depending on how much was changed.

Here's a good summary of copyright law:
http://www.iusmentis.com/copyright/crashcourse/intro/

There are some exceptions for parody, for educational use, etc., but to be safe, don't copy.

Emma, I don't know UK law specifically, but I know that it's very similar to US law (most copyright statutes are based on international conventions). You should start by sending them a cease and desist letter. If you have an attorney friend who is willing to do it, even better, so the wording will be perfect.

They ARE definitely my cakes and not a copy. One is my sister's wedding cake, which I somehow feel particularly hurt by. I have emailed her asking her to take them down by the 16th of October or I will be taking legal action - god knows quite what I mean by that, I'm just hoping they get removed! I wouldn't mind so much if someone used my design to do their own cake, it would still be 'not cricket' but at least it would be their own work. I have also emailed the web-host. I'll let you know if I hear anything.

that's just pitiful! i can't believe some people don't see anything wrong with that. i wonder if any of those pictures on that site are theirs. i'll have to admit...i can see why they would take your pictures. your cakes are absolutely beautiful!! i'm sorry to see this happen to you. i would contact them and see what the say.

Yah, Emma you have a right to press charges. Usually you can ask a lawyer to send them a letter to take it off their site and usually that will make them take it off. It threatens them and only costs you about $70 to do it.
And the photographer has the rights to the pictures he takes even if its of you. So like my wedding pictures, I cannot go to a photo copy booth and make copies legally.

I just looked at the photos on the site, and one is from the Wilton website. I get e-mails from Wilton and the last one was Halloween ideas, it had 3 witches in the wilton footed cupcake holders around a bowl of green candy. That exact photo is on their site in the shaped and 4D category....

The stack of presents is Colette Peters and several are Debbie Brown.

A bit off topic but on their web site they claim "Shaped +4-D Cakes" I thought the 4th dimension was time