Another Web Site With Stolen Photos From Cake Central

Decorating By KathysCC Updated 28 Sep 2007 , 9:19pm by confectionaryperfection

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tasteebakes Posted 28 Sep 2007 , 1:32am
post #91 of 125

I always tell my customers when I am showing them cakes for ideas that are not mine, "These are cakes done by different decorator's, I can do something similar, as each decorator has their own style. I certainly would NEVER post them on my sight. For one thing I am proud of my own work. I just can't imagine that they don't have ANY work of their own to post? And if their work is not the same quality then how long do they think they have before the jig is up?

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briannastreats Posted 28 Sep 2007 , 1:44am
post #92 of 125

I think her website has just been deleted...

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marthajo1 Posted 28 Sep 2007 , 1:46am
post #93 of 125
Quote:
Originally Posted by DelightsByE

Quote:
Originally Posted by redpanda

Hopefully, this is just a case of somebody being ignorant of the law (or ethics), and that she will replace the misleading pictures with some of her own.



I admit I haven't read all the pages in this thread yet, but in case nobody has pointed it out yet, the offender isn't breaking any laws if the photos aren't copyrighted. EVEN IF SHE SAYS THEY ARE HER PHOTOS.

And Heath/Jackie can probably answer this better than I can, but as far as I know, there are no implied copyrights by posting here at CC.

I AM NOT DEFENDING THE OFFENDER IN ANY WAY SHAPE OR FORM. Just making an observation.




Actually just by taking a picture you have copyrighted a picture! I never realized this until I read the brochure at Costco when I had reprints made. It is very clear that If you did not take the photo you have to have that persons permission to copy it (the photo-not the cake idea) I tried to find this flyer online but couldn't but it put so nicely and easy to understand!

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DelightsByE Posted 28 Sep 2007 , 1:47am
post #94 of 125

Yeah - I went to look at it to see if I could identify any of the other photos, and I couldn't link to the page. Looks like the jig is up for miss Madison! icon_lol.gificon_lol.gificon_lol.gif

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OhMyGoodies Posted 28 Sep 2007 , 1:54am
post #95 of 125

Even though this nightmare is over for all affected I have some advise for everyone who doesn't know how to watermark.

I have a program called Umark Lite. It's a free program that does not install spyware or anything like that. Google it to download it. You simply tell it weather you want a text watermark or a logo watermark, then you set your font choice and size and color if using text and then you select your photos to be marked and the out put directory ie: desktop (then you can move them to the appropreite folder I have a folder of only water marked images of my own and do not keep unmarked photos on my computer because I'm on a wireless connection...). Once you make your selections you choose the photos to be marked and the rest is done for you. A few clicks and your done. It's very simple and very easy to use even for someone who is not computer savvy can figure this program out icon_wink.gif There are different positions you can place the mark left center right on top middle and bottom of every picture (chosing one) and it's really neat icon_wink.gif

Give it a try and if ya don't like it you can always uninstall it icon_wink.gif

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DelightsByE Posted 28 Sep 2007 , 1:56am
post #96 of 125
Quote:
Originally Posted by marthajo1

Actually just by taking a picture you have copyrighted a picture! I never realized this until I read the brochure at Costco when I had reprints made. It is very clear that If you did not take the photo you have to have that persons permission to copy it (the photo-not the cake idea) I tried to find this flyer online but couldn't but it put so nicely and easy to understand!




I really hate to sound like I'm arguing, but the laws concerning electronic media are a bit different from printed media, according to the research I did a bit ago and what I got from Wikipedia and the Legal Information Institute/Cornell Univ. Law School. What the gal did was piracy, but could not go so far as illegal copyright infringement unless the electronic photos were copyrighted. And a watermark is not a copyright. Nor is the copyrighted status required to be published with the photo posted on CC or any other site. But if you've copyrighted it anywhere, then it's illegal. If you haven't, it isn't. Granted - to cover herself she is legally obligated to contact the poster of the photo on the site if she wants to use it, and get permission, JUST IN CASE it is copyrighted.

But it looks like it doesn't matter anyway, since she's been shut down!

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tcturtleshell Posted 28 Sep 2007 , 2:24am
post #97 of 125

Well I'm here to hopefully clear everything up. She called me back. She has deleted the website. She said me & another decorator from Canada called her but others emailed her about this. Ok, she apologized & I excepted.

In her words.. It was not my intention to steal any photo's. She said that she did the website for fun & choose the pics she did because they were cakes that she thought were absolutely incredible. She said she hopes to be able to do cakes like that one day.

I told her that the website looks like a business. She said she was just messing around with the thought of having a business. She said that she made the website & hasn't been on it since. Ok, I don't really believe that. I really think she had it up for a business but I was trying to be nice. Anyway..
I also explained that she could get into trouble with the health dept by advertising like that. She said she didn't know that.

I asked her if she was an active member on CC. She is a member of CC but says she hasn't been on in a long time. I told her I didn't want to know who she was on CC & advised her to think about coming on CC & making an apology BUT she would have to hear a lot of grief. Well I actually told her there would be a lynching if she made a post. icon_wink.gif She said she was sorry so many times & deleted the website as we were talking. I told her it would be a good idea to make an apology on the website but she deleted it before I said that. thumbsdown.gif

So if you have emailed her she will email you back with an apology. I don't know this lady but she seemed very nice & very upset because she ticked so many people off. Yes, I'm sure she is worried about getting into trouble. I really think she hasn't used her head by doing all this, I'm trying not to judge her. I do think that if you like someone's cakes then copy & paste them to your home computer not a website & I told her just that. I hope she learned a good lesson. I also told her her excuse was she was from Kentucky. Now don't you Kentucky people get mad at me... I'm picking!! icon_lol.gificon_wink.gif

She asked me how someone found the website. I told her I figured KathysCC googled cake sites & your's popped up. So I guess her story about doing the website for fun was the truth. I don't know. I have to except the apology & be done with it right~

Sorry so long guys!! I was trying to remember everything she said. I know I left some stuff out. Hope this lets everyone rest easy over this~

thumbs_up.gifthumbs_up.gif

PS.. I know I can't spell & I write "country" just shoot me icon_lol.gificon_lol.gificon_lol.gificon_wink.gif

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ktm00n Posted 28 Sep 2007 , 2:27am
post #98 of 125

maybe it's just me but I can't seem to get to the website when I click on it, it just gives me a message daying the website isn't accessible or may have been deleted.

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marthajo1 Posted 28 Sep 2007 , 2:29am
post #99 of 125

Here you go - I think this would apply to this situation:


Quote:
Originally Posted by http://www.bitlaw.com/internet/webpage.html

Taking images from third-parties. The simple rule is, "Don't steal someone else's images." The moment an original image (or string of text) is fixed on a hard drive for the first time, it is protected by copyright. Any unauthorized copying of a protected image is an infringement of the creator's copyright, unless the use falls within one of the very limited exceptions to the copyright law, such as "fair use." In most cases, it is unlikely that the incorporation of an image into a commercial web-site would be considered a fair use.




BTw- I guess this may be infringement too! icon_redface.gif Actually I just read on about fair use and I think it is okay but I have no idea how to straight link to a particular paragraph. http://www.bitlaw.com/internet/webpage.html

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DelightsByE Posted 28 Sep 2007 , 2:32am
post #100 of 125

marthajo1 - yours is better than mine! I was trying to extrapolate from what I could find, you hit it right on the head.

THANKS!! thumbs_up.gif

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marthajo1 Posted 28 Sep 2007 , 2:34am
post #101 of 125

No problem! I love google! icon_lol.gif

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DelightsByE Posted 28 Sep 2007 , 2:35am
post #102 of 125
Quote:
Originally Posted by tcturtleshell

I asked her if she was an active member on CC. She is a member of CC but says she hasn't been on in a long time.





she would have had to be on recently to get all those photos. right? you have to log in to do that. otherwise all she'd get is thumbnails.

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tcturtleshell Posted 28 Sep 2007 , 2:38am
post #103 of 125

She said she did the website & got the pics a long time ago. Didn't say how many days, months, years LOL~

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KathysCC Posted 28 Sep 2007 , 2:45am
post #104 of 125

I copied this bit of text from a U.S. government report on Intellectual Property Rights. According to this, you don't need registration and your own works (including photos you take) are copyrighted as soon as they exist.

"the Berne Convention, literary, artistic, and other qualifying works are protected by copyright as soon as they exist. No formal registration is needed to protect them in the countries party to that convention."

TCturtleshell, thanks so much for sharing. This poor lady sounds frightened and confused. I am willing to give her the benefit of the doubt. In the end, she did the right thing, she has apologized and removed the pictures. I think it should be left alone now. As far as her coming to the site recently, I noticed that most of the cake pictures she had on her site were very old CC posts. I believe her when she says she hasn't been here in a while or even messed with her web site for a while.

Her web site was a personal web page from AT&T. She may not have known that those kinds of pages are searchable and open to the public unless you lock them.

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tcturtleshell Posted 28 Sep 2007 , 2:51am
post #105 of 125

I do believe her story too so it's water under the bridge. That cake of mine that she used was done way back when Katrina came through so that was 3 years ago. Someone would really have to dig in my photo's to see it LOL~ She deleted the website & apologized & that's all that was needed~ I'm happy.

The biggest thing about this whole thing is that when people "use" our pics they didn't ask. It's just morally wrong in the cake world to do that. At least it is with me. If I ever allow someone to use a pic of mine (which I probably never would) they would have to have my name on it & tell that I did it in the caption thingy under the cake. icon_smile.gif

I'm good, we all good here? icon_smile.gif

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KathysCC Posted 28 Sep 2007 , 3:01am
post #106 of 125

I'm good too but you know what I was thinking. Maybe I should have emailed her right from the beginning and never said a word here at CC. I don't like everyone getting upset although all this is educational for many of us. She probably would have deleted the site. I was thinking of the other case where the "thief" was very arrogant and wouldn't listen to anyone and thought I needed back-up before confronting her. I am so glad she did the right thing. Most people are clueless to how things work and the internet seems like everything is free for the taking. It can be an honest mistake.

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erinalicia Posted 28 Sep 2007 , 3:01am
post #107 of 125

I found the owner of the bib cake... i think... since she deleted the page I wasn't able to confirm but I think it is this one http://www.cakecentral.com/cake-photo_40217.html by CakeCrazyinNJ

Someone mentioned that it was the only one not identified.

I'm glad that she deleted the site and returned your phone call, turtleshell. Who makes a website for a business for "FUN"?

WEIRD is all I have to say.

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Bettycrockermommy Posted 28 Sep 2007 , 3:03am
post #108 of 125

I am glad to hear that this has been resolvedly quickly and peacefully.

There is an upside to this situation..... icon_cool.gificon_biggrin.gif

I got to see a bunch of outstanding cakes today that I had missed out on in the past. icon_lol.gificon_lol.gificon_lol.gif

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KathysCC Posted 28 Sep 2007 , 3:07am
post #109 of 125

Yes that is the right bib cake.

Tcturtleshell, just a side note. Thanks to all the people like you who housed us Katrina victims up there. thumbs_up.gif We stayed in Monroe until we could get back in our house. I know all the victims really turned those north Louisiana towns into refugee camps but I can't tell you how good a shower and AC felt after 5 days of living without. I had a 3 week old baby at the time. Wow, it was tramatic! Just wanted to give you a thanks, but hey, nobody baked me a cake icon_cry.gif so your refugees were lucky.

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Bettycrockermommy Posted 28 Sep 2007 , 3:14am
post #110 of 125
Quote:
Originally Posted by KathysCC

I'm good too but you know what I was thinking. Maybe I should have emailed her right from the beginning and never said a word here at CC. I don't like everyone getting upset although all this is educational for many of us. She probably would have deleted the site. I was thinking of the other case where the "thief" was very arrogant and wouldn't listen to anyone and thought I needed back-up before confronting her. I am so glad she did the right thing. Most people are clueless to how things work and the internet seems like everything is free for the taking. It can be an honest mistake.




KathyCC, I think that you did the right thing by posting it here. We need to look out for each other, and the people who had their pictures lifted deserved to know about it. You shouldn't feel bad. You did a good thing today.

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KathysCC Posted 28 Sep 2007 , 3:23am
post #111 of 125

You are right bettycrockermommy and I was just thinking, I've got some cakes to go look at. There are some really good ones that got put on today and I haven't seen them all. So I am glad this is resolved. Now lets go look at some CAKES!! Ain't it just so much fun icon_biggrin.gif

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antonia74 Posted 28 Sep 2007 , 3:23am
post #112 of 125

[quote="tcturtleshell"]She called me back. She has deleted the website. She said me & another decorator from Canada called her.[quote]

That was me. She had my own wedding cake on her site. My hubby was furious, so I called her and told her I wanted it taken off within 24 hours. Glad she was even more prompt about it!

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leily Posted 28 Sep 2007 , 3:26am
post #113 of 125

I am glad everything turned out ok with this situation (as we know they haven't all turned out that way)

KathysCC I think posting was the right thing to do. If people get emails/calls from people whose pictures were not on the website then they may get deffensive and nothing may get resolved. It was good to inform the people with the pictures on the website that they were there and get it taken care of.

Looks like TC and Antonia were on it today! way to go ladies (and good job on keeping your cool TC /hugs)

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ceshell Posted 28 Sep 2007 , 3:26am
post #114 of 125
Quote:
Originally Posted by Bettycrockermommy

There is an upside to this situation..... icon_cool.gificon_biggrin.gif

I got to see a bunch of outstanding cakes today that I had missed out on in the past. icon_lol.gificon_lol.gificon_lol.gif




Oh now that is funny. KathysCC you could have just posted this thread under "hidden CC treasures part III" LOL!!

No really, kudos to everyone for keeping a level head during this. I'm glad it didn't get ugly, it sounds like the woman just made a dumb mistake and the fact that she fixed the problem immediately makes it much easier to forgive her mistake (thank goodness she was reachable today...I know sometimes things get heated here when the person doesn't respond immediately). Someone made a good point, which is that it IS possible that she didn't realize that search engines would pick up her page...I just made a simple, cheesy, lo-budget web page to show my cakes to a few friends and family so that they don't have to log onto CC, and I did wonder, since the word "cake" appears in the text several times, it's possible a search engine could find the page? It's totally meant to be a private site, but ya never know.

Anyway she did the right thing and also apologized, instead of flipping us the bird ROTFL!! So it's all good, I hope. Well, except she didn't steal any of MY cakes either icon_twisted.gif .

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KathysCC Posted 28 Sep 2007 , 3:45am
post #115 of 125

Ceshell, if you go to any particular web server, for instance AT&T, and go to the personal web page section, there is usually a way to search the personal web pages. I know this because I have a personal web page and wanted to see what would happen after I set it up. If I put my page name in Google or Yahoo it won't show up but if I go to my server personal web page search engine and just type "cakes" which was what I did last night, then every person who has an unlocked personal web page with cakes in the title shows up. That is how I found MadisonCakes. What everyone has to realize is that just because it says "personal" does not mean it is hidden from the public. You can set it to "invited guests only" which restricts access but that means you have to personally email everyone who you want to see it.

Yes, she did pick some pretty cakes for her site. I am glad we started this thread. I love looking at everyone's cakes! icon_smile.gif I've been looking at tcturtleshell's cakes tonight. She has some really funny and cute ones. I like to look at the cakes of people I talk to on the threads. You kind of feel like you get to know them through their cakes.

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Bettycrockermommy Posted 28 Sep 2007 , 3:47am
post #116 of 125
Quote:
Originally Posted by ceshell

Quote:
Originally Posted by Bettycrockermommy

There is an upside to this situation..... icon_cool.gificon_biggrin.gif

I got to see a bunch of outstanding cakes today that I had missed out on in the past. icon_lol.gificon_lol.gificon_lol.gif



Oh now that is funny. KathysCC you could have just posted this thread under "hidden CC treasures part III" LOL!!

Well, except she didn't steal any of MY cakes either icon_twisted.gif .




I guess my husband has been influencing me too much. Just trying to see the good in all situations.

Mine neither!!! Guess I'm just not good enough!!! LMAO!!

Antonia, Which one was your wedding cake?

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KathysCC Posted 28 Sep 2007 , 3:53am
post #117 of 125

Oh Antonia, yours was one of the ones that I couldn't identify. You must have been shocked when you saw yours on the site. And you remained so calm. Wow! When the site got shut down, we still had 16 of the 61 cakes unidentified and my daughter looked at yours and said, "That one is so unusual, you should be able to find it on CC" Can't believe you kept mum until it was over.

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mommachris Posted 28 Sep 2007 , 4:04am
post #118 of 125

I'm so proud of all of you . We are growing and maturing as a community.
No one got riled or all fired up. Way to go..

mommachris gives everyone who posted a round of applause.

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cheflish Posted 28 Sep 2007 , 4:12am
post #119 of 125

Yes - there were some amazing pics that we were able to see again - there is some AMAZING talent here at CC!!!! You all are very inspiring - for your talent and your cool heads!!!

Lish


thumbs_up.gificon_wink.gifthumbs_up.gificon_wink.gif

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Ironbaker Posted 28 Sep 2007 , 6:26am
post #120 of 125
Quote:
Originally Posted by tcturtleshell

She said she did the website & got the pics a long time ago. Didn't say how many days, months, years LOL~




I do remember looking at the "photo list" section where the details were listed and not the pictures. Just about every single picture was loaded in April 2007, so it has been almost 6 months ago.

TC, proud of you! thumbs_up.gif

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