Somebody Stole My Photo!!!!!!!!!

Business By Kitagrl Updated 22 Feb 2006 , 2:52pm by ComplexSun

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lionladydi Posted 31 Jan 2006 , 7:12pm
post #121 of 158

I emailed the seller of the CD on Ebay before I went to the doctor this morning:

In a forum on a cake site we have been discussing photos of cakes. Can you tell me where you got the pictures for your CD? Did you make the CD? Thanks!

Still no answer when I got home. If I get an answer I will be sure and post it.

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traci Posted 31 Jan 2006 , 7:56pm
post #122 of 158

Since you did not come across angry or anything...hopefully they will respond back to you. icon_smile.gif

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Kitagrl Posted 1 Feb 2006 , 2:03am
post #123 of 158

Is this ironic or what...just today I have someone who would like to order a soccer ball cake on top of a round cake made to look like grass. ROFL!!!!! (I know this thread is long...see original post to understand this post)

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traci Posted 1 Feb 2006 , 2:45am
post #124 of 158

That's funny! I really hope that they did not refer to you as "the chef!" icon_biggrin.gif

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lionladydi Posted 1 Feb 2006 , 3:40am
post #125 of 158

Funny thing. The CD sold but I got no answer from the Ebay seller. I found another one on Ebay and it states that the pictures are from a catalog that his wife uses as a wedding planner. I emailed him and asked if a person could order the cakes from the catalog or would a person have to go through his wife. This one lists for a "buy it now" price of $1 and $4 postage. The first one I found sold for $3.99 with $5.01 postage. Were from different sellers. We'll see if I get an answer to this email.

He also lists a CD of wedding hairstyles and a CD of wedding floral arrangements. Being the snoop that I am I checked out his CD that said Adult only. Duh! Good thing I don't shock easily--it certainly wasn't about cakes!!!!

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Kitagrl Posted 1 Feb 2006 , 3:43am
post #126 of 158

Why would someone sell cd's of photos from a magazine anyway? Isn't that copyright infringement anyhow to sell photos like that?

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lionladydi Posted 1 Feb 2006 , 3:44am
post #127 of 158

Fast answer from this Ebayer:

The pictures are from catalogs and photos from prior events. You can have the cakes made from pretty much any baker or cake shop, just show them the picture of what you want.

Does this answer anyone's curiosity as to where the pics come from. I'd say everyone is being robbed!!

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Kitagrl Posted 1 Feb 2006 , 3:46am
post #128 of 158

Hmmm shall we say Ebay should get an email?

Not that they would do much about it...unless we had proof that one of the cd's had stolen pix on it.

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lionladydi Posted 1 Feb 2006 , 3:56am
post #129 of 158

Even if the catalog or CD stated where they got the pics, they shouldn't be able to print them or copy to a CD without the permission of whoever took the photo. I don't have any photos except on my own computer but it makes me mad that everyone on here or other sites are being taken advantage of. icon_mad.gif I only dream that I could be good enough to have a website. icon_lol.gif

Contacting Ebay would probably be a joke. If I did cakes as a professional, I would buy the CD but all I would use it for is to drool and dream I could do that good!! icon_rolleyes.gif My daughter has me grounded from buying on Ebay anyway icon_lol.gif Of course, what she doesn't know, won't hurt me. She just thinks she knows everything I do. icon_biggrin.gif

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bakersofcakes Posted 1 Feb 2006 , 6:02am
post #130 of 158
Quote:
Originally Posted by Kitagrl

Unfortunately I haven't had very many wedding opportunities as somehow I got into the "kids cakes" thing and since that's what I have made, that's what's on my site and what I keep having to make! icon_lol.gif So my wedding page is not first.

I see what you are saying though, the photos were weird anyway for a catering service.




Kitagirl,
I was only talking about the "chef's" site. I got the impression from her site that she specializes in catering (I thought wedding because of the table settings), romantic dinners for 2, meal planning, etc. I didn't mean any offense at all. icon_redface.gif Gosh, I've never even made a tiered cake. I only do b-days for family. Of course, I'll play around at decorating if I can come up with a good excuse, like superbowl or something. (BTW, none of us even watch the superbowl--oh, unless the Buffalo Bills are playing! icon_wink.gif) icon_biggrin.gif

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bakersofcakes Posted 1 Feb 2006 , 6:09am
post #131 of 158
Quote:
Originally Posted by lionladydi

Fast answer from this Ebayer:

The pictures are from catalogs and photos from prior events. You can have the cakes made from pretty much any baker or cake shop, just show them the picture of what you want.

Does this answer anyone's curiosity as to where the pics come from. I'd say everyone is being robbed!!




Uh, I wonder if the bride, groom, guests, etc. at the prior events know about this CD? icon_rolleyes.gif Hmmm..... icon_razz.gif

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Kitagrl Posted 1 Feb 2006 , 1:14pm
post #132 of 158
Quote:
Originally Posted by bakersofcakes

Quote:
Originally Posted by Kitagrl

Unfortunately I haven't had very many wedding opportunities as somehow I got into the "kids cakes" thing and since that's what I have made, that's what's on my site and what I keep having to make! icon_lol.gif So my wedding page is not first.

I see what you are saying though, the photos were weird anyway for a catering service.




Kitagirl,
I was only talking about the "chef's" site. I got the impression from her site that she specializes in catering (I thought wedding because of the table settings), romantic dinners for 2, meal planning, etc. I didn't mean any offense at all. icon_redface.gif Gosh, I've never even made a tiered cake. I only do b-days for family. Of course, I'll play around at decorating if I can come up with a good excuse, like superbowl or something. (BTW, none of us even watch the superbowl--oh, unless the Buffalo Bills are playing! icon_wink.gif) icon_biggrin.gif




Oh, I wasn't offended at all! icon_biggrin.gif I just wish I DID have more wedding photos!!!!

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goodcakefairy Posted 1 Feb 2006 , 3:52pm
post #133 of 158
Quote:
Originally Posted by Kitagrl

Hey I was looking at her "press releases" and I could not find anything on them that would show what paper or news station they were "released" to.

To me her whole site is kinda strange.




Hey, Kita.
Not to make ANY excuses for this person, but press releases don't generally include a list of media recipients. She probably just faxed it to as many outlets as she could, then posted it on her website. It's how a lot PR is handled.


GCF

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Kitagrl Posted 1 Feb 2006 , 4:18pm
post #134 of 158

Oh ok thanks for the info.

I'm sure she is a reputable caterer by now, its just she had issues with the website two years ago. icon_smile.gif

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ntertayneme Posted 1 Feb 2006 , 4:27pm
post #135 of 158

My sister did a really neat cake of a camo hat that had fishing lures, etc on it ... it was a groom's cake for her neighor's son's wedding ... watching TV one day, I see a commercial on for a local caterin/wedding company and guess who's cake was on the commercial? My sister's!!! I ran to the phone and called her to tell her ... when she finally saw the commercial again, she told me that was her cake and her table she had decorated for the groom's table... this cater/wedding coordinator company did not have permission nor did she even ask to use the cake and groom's table in her commercial... so I know how you feel... we were just outraged that this woman could take credit for something she had absolutely nothing to do with ... the commercial no longer airs, but we still felt it was very wrong to have this done the way it was icon_sad.gif

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Kitagrl Posted 1 Feb 2006 , 4:56pm
post #136 of 158

Wow, people are really bold!!!

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SquirrellyCakes Posted 1 Feb 2006 , 7:03pm
post #137 of 158
Quote:
Originally Posted by ntertayneme

My sister did a really neat cake of a camo hat that had fishing lures, etc on it ... it was a groom's cake for her neighor's son's wedding ... watching TV one day, I see a commercial on for a local caterin/wedding company and guess who's cake was on the commercial? My sister's!!! I ran to the phone and called her to tell her ... when she finally saw the commercial again, she told me that was her cake and her table she had decorated for the groom's table... this cater/wedding coordinator company did not have permission nor did she even ask to use the cake and groom's table in her commercial... so I know how you feel... we were just outraged that this woman could take credit for something she had absolutely nothing to do with ... the commercial no longer airs, but we still felt it was very wrong to have this done the way it was icon_sad.gif



Holy cow, totally illegal!
Hugs Squirrelly

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kibibi Posted 1 Feb 2006 , 7:37pm
post #138 of 158

I just saw on the news that Tiffany COmpany is sueing Ebay for the sell of fake allowing the sale of fake Tiffany items.

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lionladydi Posted 1 Feb 2006 , 8:11pm
post #139 of 158

I saw on the news also about Tiffany's but how in the world Ebay could control all of that is beyond me. They have millions of buyers and sellers.

Stealing of photos etc. is no different than Wilton's policy about using their copyrighted cake pans. I understand that they do prosecute over sales of character cakes. What amazes me is that they sell them knowing people are going to use them for that very purpose. Kinda like places that sell euphedrine when they know people are buying them to make illegal meth. They're all out for the almighty dollar. Lord! I'm ranting and getting off the subject at hand!

Maybe if a few people who know their photos have been stolen would threaten prosecution some of it would stop but I doubt it. The wonderful world of computers and technology leaves us all at risk for lots of things but what would we do without it!!!!

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Kitagrl Posted 1 Feb 2006 , 8:22pm
post #140 of 158

I think Google images is a great tool but it is VERY easy to take images now because you can find them in five seconds instead of surfing forever.

I know its really easy for me to find graphics now with Google images. Alot of people find my site through it too. Mixed blessing I guess.

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Caribou Posted 2 Feb 2006 , 2:21am
post #141 of 158
Quote:
Originally Posted by lionladydi

I saw on the news also about Tiffany's but how in the world Ebay could control all of that is beyond me. They have millions of buyers and sellers.

Stealing of photos etc. is no different than Wilton's policy about using their copyrighted cake pans. I understand that they do prosecute over sales of character cakes.




Hi There!

What's their policy about using copyrighted pans? I shop on Ebay a lot and buy most of my ...well, everything on Ebay and have run into a few people that sell as "Authorized" salespeople for Wilton. I wonder how they get that? Is there a licensing process or something?

Stealing photos for any reason is illegal. The world of intellectual property is a broad one, but stealing photos is easy to prosecute even if they take the pictures down because the server and the Internet ( Waybackmachine) always have copies of EVERY webpage that ever existed and you can just go back to a specific date to determine when someone used it.

I'm sorry that happened to someone here but glad it was detected. I know I saw a pic on Ebay recently and recognized it from THIS SITE. LOL! I quickly emailed the owner to make sure she knew it was there and thankfully she did.

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lionladydi Posted 2 Feb 2006 , 2:35am
post #142 of 158

I didn't mean that selling Wilton pans on Ebay was illegal. What I was talking about was the fact that we aren't allowed to sell cakes made with copyrighted pans no matter where we buy them.. We can use them for personal use but not sell them. Yes, I buy lots on Ebay--I'm addicted. Have had to slow down for financial reasons--I'm broke. icon_lol.gif

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bakersofcakes Posted 2 Feb 2006 , 4:04am
post #143 of 158
Quote:
Originally Posted by lionladydi

I didn't mean that selling Wilton pans on Ebay was illegal. What I was talking about was the fact that we aren't allowed to sell cakes made with copyrighted pans no matter where we buy them.. We can use them for personal use but not sell them. Yes, I buy lots on Ebay--I'm addicted. Have had to slow down for financial reasons--I'm broke. icon_lol.gif




Are you serious??? icon_surprised.gificon_eek.gif I had NO IDEA!!! Thank goodness I've never sold a cake (of any kind icon_rolleyes.gif ). Wait a minute, aren't Wilton's regular round, square, oval, 9 x 13, 11 x 15, etc. all copyrighted? Where do you get your pans then for wedding cakes and all that you sell?

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Lazy_Susan Posted 2 Feb 2006 , 4:20am
post #144 of 158
Quote:
Originally Posted by lionladydi

Wilton's policy about using their copyrighted cake pans. I understand that they do prosecute over sales of character cakes.




I just emailed Wilton asking them about this. Personally I have never made a Character Cake but I just don't think that it sounds right.

Lazy_Susan

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Kitagrl Posted 2 Feb 2006 , 4:35am
post #145 of 158

Bakers by copyrighted pans they mean pans that are shaped like copyrighted characters. Not the basic pans like round, heart, or even the generic animal shapes, as far as I know.

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lionladydi Posted 2 Feb 2006 , 5:58am
post #146 of 158

I mean like Mickey Mouse, Sponge Bob, Snoopy, Barbie, Winnie the Pooh, Batman, etc. From what I have read, Disney characters are the most likely to get you in trouble. Most of what I have read about it has been on Cake Central forums. My Wilton instructor was the first to tell me.

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lionladydi Posted 2 Feb 2006 , 2:58pm
post #147 of 158

I emailed Cake Pans 4 Less:

Can you tell me the legalities of using the patented pans like Disney characters, Warner Bros., etc.? I was told that they must be for personal use and not to be used for baking and decorating cakes for sale. Am I correct

Their answer:

--I'm afraid you are! These companies pay a lot of money for the rights to the different characters. And they want to keep it that way. I guess they don't want others making money off of them. For free! Sometimes you can get written permission from Wilton to show a copywriten product as we did for our free pan instructions section on our web site. As long as we make it free!!
Thanks for asking
Joyce @ Cake Pans 4 Less


Hope this clears up the character pan matter. Guess we got off the forum subject a little. icon_biggrin.gif

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heavenlycakes Posted 2 Feb 2006 , 3:20pm
post #148 of 158

This has nothing to do with the cake pan discussion, but it does about websites that use other bakers' cake pictures. There is a woman in my area that bought a cake business from someone else. I mean, she bought all the equiptment,the name and the website name. BUT if you go to her website, it's all of the old owner's cakes and bridal comments! I mean, okay, you bought the existing website, but isn't that misrepresentation?? These poor brides are seeing all of these nice cakes and wonderful comments about the owner, and they aren't even hers! I see her all the time at bridal shows too... doesn't have one picture with her - just cupcakes - they're really bad too!! The best is that she doesn't even bake her own cakes... someone else does that because she only wants to decorate. BUT she can't even do that! She bought the business because she's rich and has nothing else to do with her time.... no heart in it at all.

The only good thing about it (and this is really mean).... My ex-friend wanted me to do her wedding cake - all ganache and chocolate - for FREE!!!!! She flipped when I told her it was $450, which was already discounted from my normal prices. I said I would give her a discount...I guess that when you're a Communications and Jounalism major, you don't know the difference between the two words... So she called this woman to do it. Well the day before the wedding, the woman was at the supply shop asking what ganache was and how you use it! That was 4 months ago and I'm still smiling about it! Oh, btw, I dropped my price again down to $350 for my "friend" and this woman told her she would do it for $337. So for a whopping $12 in savings, she got the cake of her dreams (or nightmares....) icon_smile.gif

Tara

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lionladydi Posted 2 Feb 2006 , 3:37pm
post #149 of 158

Tara, I had to go back and read your post a second time. I was happy to see you said "ex friend". I would snicker and smurk everytime I saw her. Reckon she regrets what she did yet?

As for the woman who bought the business, it shouldn't take long for word to get around about how bad her cakes are. Word -of -mouth can be the BEST or the WORST advertisement in the world.

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Lazy_Susan Posted 2 Feb 2006 , 5:16pm
post #150 of 158

Here is the response I received from Wilton:


Thank you for visiting our website! It is not a Wilton policy, but a
general rule about licensed products. Wilton would not personally take
action, but the licensor may (e.g.. Mattel, Disney, etc.). Below is a
copy of the licensed products guidelines. Let us know if you have any
further questions.


LICENSING GUIDELINES ON PRODUCT USE


As a reminder on licensor limitations on the use of our licensed
mold-type products--please note the following guidelines for our
customers.


All licensed characters shaped cake pans, candy molds, Cake Top!(tm)
Edible Cake Decorations, candles, toppers and cookie cutters are for
consumer home use only. Stores/shops cannot make cakes, cookies or
candies from our licensed products and sell them to consumers. These
"mold making items" are strictly prohibited for any type of commercial
use since the licensor has neither the method to control the quality of
the reproduction of the character nor the ability to earn royalties on
sales of the "made" products. This applies to both baked and craft-type
products.


Free-hand or copies character designs cannot be drawn or iced on top of
a cake, cupcakes or cookies and sold for any type of commercial purpose.
Once again, the licensor cannot control the quality and is not earning a
royalty on product created around their characters.


Licensed pans cannot be rented to consumers by stores since, once again,
the licensor is not earning a royalty from the transaction.


Generally, creating any type of image that looks like a licensed
character that is sold for commercial purposes is prohibited unless
there is specific licensing agreement with the licensor for that product
and royalties are paid each time the product is sold.

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