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Someone copying one of your original cake designs - how do you feel? - Page 4

post #46 of 97

I was originally going to post and say I would be upset with your sister for treating you this way. But after reading subsequent posts I have a feeling I see why she and the other baker lied to you about having copied your design.

 

And to answer the question, I'm complimented when I find a copy of one of my designs online and I even keep a file of photos of copies of my cakes.

Quote:
Originally Posted by Sugar_Art_Cakery View Post

 


 

First and foremost, I would not steal another cake artists original idea....would I use their cake as an inspiration? Of course but I would build onto it, change it up and definitely make it my own.

 

 

 

 
Quote:
Originally Posted by Sugar_Art_Cakery View Post


Your exactly right....I am questioning the integrity of anyone who says it's ok to steal anothers' idea or design verbatim..... You do know that the word STEAL refers to illegal and morally wrongs acts, right?

 

AGAIN, inspiration is one thing....stealing someones' idea outright is morally wrong.....

So if you change one little thing then that's ok?

Quote:
Originally Posted by Sugar_Art_Cakery View Post

Obviously, I have dealt with brides of the same caliber as you have dealt with. When they bring me a photo of a cake they want replicated, here's what I tell them..."I won't copy that cake exactly the way it is. I will do something similar and I will make it better. One, because I don't agree with copying the work of another person and two, why would you want the same EXACT cake that another bride had? Don't you want something completely new and unique to YOUR wedding?"....and you know what, I lose maybe 5% of prospective brides that way but the other 95% understand and completely love my reasoning.... No need to compromise my morals just to satisfy the needs of some brides...

You can't make everything better. Do you see yourself as someone who can improve works of art like Vincent van Gogh's Starry Night? Is it immoral to have a print of it hanging in your house?  What a sad world it would be if each lovely cake design could only be enjoyed once.

Quote:
 

Rare is the caker who is truly an artist. I know of maybe 6-7 bakers in the country I'd refer to as true artists - people who are making original art in cake. There are some who are talented enough to say they are artists expressing themselves in cake. But I'd say 95% of us are what is referred to as artisans -- people engaging artistically in a craft, cake decorating.  If your Facebook page is the one with the big pink Coach purse cake, I can't say I saw anything I would call art. And with the Coach purse on there, I am stunned you'd call someone who copied your work a thief.

post #47 of 97
Quote:
Originally Posted by Pyro View Post

Here's my last comment in this thread.

 

You don't want to hear a different opinion then the one you believe to be the ultimate truth. Unfortunately, I can't provide you with the " Omg your sister is a witch and burn her terrible untalented cake decorator friend with zero creativity ".

 

Not every decorator is at the same skill level. Also, for all we know, your sister asked her for those exact design ( and put them together cake lady please ). You already established your sister doesn't want to pay for the skill involved in making custom cakes. Should a baker who made a replica of your cake, for the cheap price your sister offered her, be blamed for not even bothering changing anything of the layout ?

 

I personally enjoy the creative process of making something custom, I don't have time to judge those who don't.

 

** At this point, you should just talk to your sister. And mostly, let it go, it will bring you no good whatsoever. If that other baker just copies other peoples cakes, that's her problem and her business. Right now, you are only hurting your own business by going on a massive rant over CC, Twitter and your FB professional page. **

 

I wish you the best in resolving your issue.

 I agree that the sister gave a exact photo of the cake:

 

I am so sorry this happened to you. I was not implying you don’t have the right to be upset, of course you do(  I would be to), just don’t give your sister the satisfaction of knowing it upset you. If my sister would have done something like that my feelings would have been hurt. It is unethical, but not illegal to copy someone’s design, that is, just because something is not illegal doesn’t make it right. I personally would not want to order anything from a copycat. Although it is not right for her to copy your design there is nothing you can do about it, that’s why everyone is trying to get you to see it a little differently so you don’t continue to be angry about something that you cannot control.  Sounds like you should keep your distance from your sister whenever possible. I have some people like that in my family; I have learned to keep my distance.

post #48 of 97

Yes, I would have been just as mad as you fo' sho'. But there's nothing you can really do about it, and that's probably the way it should be.

"Taste your words before you feed them to people."
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"Taste your words before you feed them to people."
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post #49 of 97
Quote:
Originally Posted by Sugar_Art_Cakery View Post


Your exactly right....I am questioning the integrity of anyone who says it's ok to steal anothers' idea or design verbatim..... You do know that the word STEAL refers to illegal and morally wrongs acts, right?

 

AGAIN, inspiration is one thing....stealing someones' idea outright is morally wrong.....

 

Before casting aspersions at others you should look to your own practices.  First the only one that has done something illegal (based on the information presented in this thread) is you.  While you may believe you have done nothing wrong because your bag is only inspired by existing Coach bags, you used Coach's legally protected trademark.  It does not matter that the bag looks nothing like an existing bag.  Indeed had it looked exactly like an existing bag but did not use Coach's logo you would have done nothing illegal.  This is why knock offs are legal--so long as you do not use trademarks, a bag or piece of clothing can be copied outright.  

 

Yet you did use Coach's logo meaning you have infringed on its trademark.  On the other hand your cake designs have no legal protection. That you believe they deserve legal protection does not matter.  In terms of the law the individual in question has done nothing wrong.  She did not steal from you because you have no legal claim to the design. So it would behoove you to refrain from characterizing her actions as illegal.  So please refrain from impugning the integrity of others by claiming they are engaged in theft.

 

As to the morality question--your film cake is as unoriginal as the exact copy.  Why because you took the idea for a film cake from someone else.  That you changed it up is frankly irrelevant--your "inspiration" is someone else's idea.  The parallel here is plagiarism,  While children may be taught that "putting things into your own words" means you do not have to reference the work from which your idea comes from, frankly that is incorrect.  It is not your original idea simply because you out it in your own words.  Protocols of citation in writing call for you to cite (giving credit to) the idea you borrowed from someone else -- even if you have added to it.  

 

In this case the idea for your film cake was not yours--it did not originate with you.  That your specific iteration of the cake is different from others does not make it your "original" design--which incidentally is how courts have ruled on the question of copyright when it comes to recipes--it is still an appropriation of someone else's work.  Looking at the cakes linked from Google images shows similarities in design.  So I suggest that if you are going to accuse others of being immoral you produce designs that are not "inspired" by others. And therefore you should give credit to those decorator's whose work you "borrow" from.  Given your standard of originality changing around a design is as "immoral" as outright copying.  

post #50 of 97

Bravo

post #51 of 97

And, to be honest, it makes me a little ill that you had to leave because you, as a 6foot 250lb ex police officer (male?), felt you were unable to control yourself sufficiently around a 5foot 2 woman over a cake design that you had to leave her presence before, what? You hit her? Over a cake design? Are we supposed to admire you self-control here?

post #52 of 97

" their not free to take someone else's design, their original idea and copy it and then make money from something you designed. That's ridiculous."

 

Do you mean like Mickey Mouse??? Tinkerbell? Is that the paint pallet idea they "stole"?

post #53 of 97
Quote:
Originally Posted by Sugar_Art_Cakery View Post

Regardless of what anyone says, you cannot convince me it's ok to exactly copy another persons cake idea....it's stealing and shows you have no creativity of your own....and for people on here who says it's ok to do this, I have to wonder about your morals and creativity.

 

As to creativity I suggest you check out DJ Earworm's who samples from the year's top 25 Billboard hits and produces a song from them.  He uses their lyrics, sung by the artist, videos of the artist to produce a "new" song and video.  Indeed they are quite creative.  Indeed this other baker did something similar using your two cakes--the mash-up of the designs is where the creativity is located.  How it was executed -- I have no reason to question your claim that it was poorly done -- has little to do with the idea of mashing two of your "original" designs into something new.  "Originality" is not the measure of creativity.

post #54 of 97

1. Yes, I'd be pissed off.

2. Your sister sounds like a real wench.

3. There are very few really truly original ideas anymore.

4. People copy other people's designs and use ideas from other places all the time.

5. You can't copyright a cake design.

6. You can't legally use a trademark logo without the owner's permission

7. I'd be pissed off but more because my sister was a wench than anything else. No cake for her.

post #55 of 97
Quote:
Originally Posted by manddi View Post

Odds are, your sister showed the Baker pictures of what she wanted. The Baker was just doing what was asked of her. She may or may not have known where the inspiration came from. There's nothing you can do about it so why get angry? But if you insist on being angry, make sure your anger is directed in the right direction.

In sticky situations in life my philosophy is this:
You can laugh or cry; may as well laugh.


These were my thoughts, too. 

 

If your sister told the baker EXACTLY what she wanted (and even showed her photos), the baker had no obligation other than to her client--your sister.

 

You couldn't make the cake.  Your sister needed a cake and knew what she wanted.  She found someone who was able to make something that she was happy to have. 

 

All of our "original" designs carry elements of things that we've seen others do.  There are likely other clones of your cakes out there that you don't even know about.

 

You already have issues with the way family members handle your pricing, etc. and this is yet another chip on the pile. 

Maybe just telling your sister something along the lines of, "I'm sorry that I couldn't do the cake, but I really don't like ANYONE copying my designs.  Please, if this happens again, rely on the baker to come up with their own ideas and don't show them MY cakes.  I don't want to see any copies, let alone poor ones. It's embarrassing."


Edited by maybenot - 7/4/13 at 4:03pm
post #56 of 97
Hello pot! icon_smile.gif
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post #57 of 97
Quote:
Originally Posted by costumeczar View Post

1. Yes, I'd be pissed off.
2. Your sister sounds like a real wench.
3. There are very few really truly original ideas anymore.
4. People copy other people's designs and use ideas from other places all the time.
5. You can't copyright a cake design.
6. You can't legally use a trademark logo without the owner's permission
7. I'd be pissed off but more because my sister was a wench than anything else. No cake for her.

Yeah, the sister is who I would he mad at. But as the decorator in that position of copying and getting praise, I would happily share the praise. I would say, oh thank you, but the real credit goes to 250 lb ex cop here, (s)he designed it, this is just a copy.
post #58 of 97
Quote:
Originally Posted by BrandisBaked View Post

Hello pot! icon_smile.gif

 

exactly

 

perhaps the OP should have asked permission from Disney and from whomever made a million other film reel cakes before he  made those? Neither of those cakes are original designs, either. 

post #59 of 97
Quote:
Originally Posted by cakefat View Post

 

exactly

 

perhaps the OP should have asked permission from Disney and from whomever made a million other film reel cakes before he  made those? Neither of those cakes are original designs, either. 

definitely Disney and Coach. I made a Disney cake and a Wilton Tink cake once but they were for my granddaughter. I was not in business or even what you would consider a home baker at that point.

post #60 of 97

Batterupcake, I'm kind of surprised to see how many posts you've had on here that sound like piling on the OP when you said you felt so attacked on your thread about your website. Not sure this thread is of much value to the OP anymore, it was a bad situation that could have been handled better, on both ends. Hopefully, cooler heads will prevail for the sake of peace in OP's family. That whole "people who live in glass houses shouldn't throw stones" thing...

Let's eat grandma. Let's eat, grandma. Punctuation saves lives.
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