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Someone copying one of your original cake designs - how do you feel? - Page 6

post #76 of 97

But someone could have a lot of posts not because they are so successful...but because they want to be and ask a lot of questions...

post #77 of 97
Quote:
Originally Posted by SugaredSaffron View Post

Because it was quite simply, epic.


LOL!!  Well I don't know about that!  I guess my 'fame' was the trade off for me having to give up my tickets to the Antiques Roadshow that summer because it took me longer than I thought it would to make. It was SO hot and I kept having to work on it a little at a time and put it back in the fridge.  Fortunately my friend was able to keep it in her refrigerator until just before the party...otherwise it might have been a puddle that NO one would have wanted to copy!  But thanks for the nice comment!  I've never had the word 'epic' attributed to me in any capacity!!  icon_lol.gif   Unless it involved me doing something stupid that is.

If I am ever on life support, unplug me...

Then plug me back in.  See if that works!

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If I am ever on life support, unplug me...

Then plug me back in.  See if that works!

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post #78 of 97
Quote:
Originally Posted by Sugar_Art_Cakery View Post

@ mcaulir - 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. That's like saying a painter can paint a distinctive painting and that another painter can COPY his work exactly and then sell it for profit?? How incredibly wrong would that be??
 

Unfortunately, this happens...they are called prints. If I'm not mistaken, art is intellectual property and therefore not able to be copyrighted, so everyone rights to it. I may be wrong though. I understand your disappointment...but it is part of the business.

For we are God's MASTERPIECE! He has created us anew in Christ Jesus, so we can do the good things he planned for us long ago. Ephesians 2:10
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For we are God's MASTERPIECE! He has created us anew in Christ Jesus, so we can do the good things he planned for us long ago. Ephesians 2:10
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post #79 of 97
Quote:
Originally Posted by Sweet_Cakes View Post

Unfortunately, this happens...they are called prints. If I'm not mistaken, art is intellectual property and therefore not able to be copyrighted, so everyone rights to it. I may be wrong though. I understand your disappointment...but it is part of the business.

No, art is the intellectual proerty of the artist. Even if you pay someone to do a painting, or hire them to do other artwork for you, the artist retains the rights to make prints of the artwork. You don't own the intellectual property rights unless you've made arrangements with the artist to have the right to reproduce it. That's why musicians negotiate the rights to who owns the music after it's recorded and released, them or the studios.

Intellectual property doesn't mean that it belongs to the world, it just means that it's something that's created from someone's brain, to make it simple. But cakes do not fall under copyright or trademark laws, and neither do recipes.
post #80 of 97
Quote:
Originally Posted by carmijok View Post

I have copied cakes verbatim before because I wanted to do the technique or I just loved the design and wanted to do it. I do however give credit to the original designer whenever possible. But then I can't always guarantee the person I copied didn't copy it from someone else!

It would have been nice if the other baker had been kind enough to tell others that she used your design (provided she knew it was yours)..but she didn't. You could have said (loudly). "Wow I've never seen one of my designs copied before...I'm so flattered!" It would have at least let others know...and that seems to be what you wanted.

As far as 'stealing' an original cake design, I happen to have done a baby gender reveal cake that has been copied and interpreted tons of ways and I see it crop up periodically over the Internet. I don't know why it became so popular...I didn't think it was anything special but for some reason it struck a chord with people and they began copying it. No one asked my 'permission' and not everyone gave me credit--but I figure that's what happens when you post a picture on the Internet. If you're proud enough of your work to show it off, then don't get your nose out of joint when someone likes it enough to take the time and effort to try and recreate it!
 

I'd love to see which one it is! Please post!  It's fine with me if people pass on giving credit for my designs because that can cause problems when not everyone does -- I found one of my designs on Flicker where the baker had graciously given credit, except she gave credit to the wrong person ---someone else who had also copied my design. That i don't need!

post #81 of 97
Quote:
Originally Posted by howsweet View Post

I'd love to see which one it is! Please post!  It's fine with me if people pass on giving credit for my designs because that can cause problems when not everyone does -- I found one of my designs on Flicker where the baker had graciously given credit, except she gave credit to the wrong person ---someone else who had also copied my design. That i don't need!

I asked her yesterday and she sent me the link...now I want to stalk pregnant women so I can make this cake! lol  http://cakecentral.com/g/i/2106974/a/2107236/baby-gender-reveal-cake/?utm_campaign=website&utm_source=sendgrid.com&utm_medium=email

post #82 of 97

Make her a cake that looks like a cat.  Call it the Copycat.

post #83 of 97
Quote:
Originally Posted by costumeczar View Post


No, art is the intellectual proerty of the artist. Even if you pay someone to do a painting, or hire them to do other artwork for you, the artist retains the rights to make prints of the artwork. You don't own the intellectual property rights unless you've made arrangements with the artist to have the right to reproduce it. That's why musicians negotiate the rights to who owns the music after it's recorded and released, them or the studios.

Intellectual property doesn't mean that it belongs to the world, it just means that it's something that's created from someone's brain, to make it simple. But cakes do not fall under copyright or trademark laws, and neither do recipes.


Thank you! I wasn't entirely sure how it worked...I just know that there is some property that no one can really copyright... :-/

For we are God's MASTERPIECE! He has created us anew in Christ Jesus, so we can do the good things he planned for us long ago. Ephesians 2:10
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For we are God's MASTERPIECE! He has created us anew in Christ Jesus, so we can do the good things he planned for us long ago. Ephesians 2:10
Reply
post #84 of 97

Even if someone uses your design, it's still their "work" that's involved -- their time, supplies, materials, etc.  It's okay for them to get attention for their work.  Plus, if they merged two different designs into one cake, they used some "creative expression" of their own that wasn't 100% yours.

 

I'm sure you're frustrated because someone's getting credit for your design, but I doubt the "ooh"-ers and "aaah"-ers were that excited about the design per se, and more excited to see a cake at the party.  People are a little "cake-crazed" these days and get excited to see something that isn't a sheet cake with roses piped onto the corners.  

 

Sorry this happened -- if it were me, even with only 2 weeks to go, I would've done my sis's cake and avoided this whole mess.  Live and learn, I guess...

post #85 of 97

I admit I have not read 100% of all posts on this thread, tho I read a bunch, buy from a strictly LEGAL standpoint, heres the deal.  Unless you have registered your design when you thought it up & when you presented the finished product, and had a T (trademark symbol) on said cake advising all who see it in real life and photos later that this is a REGISTERED DESIGN of _______, it's fair game to all who see to copy. One way to registed your idea / design is to sketch it out and mail the sketch to yourself, and keep the sealed envelope in the event there is litigation. But no one is going to sue over a cake design. Now legal & moral are very different; your letter "seethes" with clues to the real base issue here, and it seems pretty obvious there are other tensions between you & sis that go waaaay beyond a stupid cake design (I'm feeling the accusation of "rip off" over a fair market price purse / shoe cake is involved). Really, I have yet to see a cake that is 100% unique in every way. People have been copying cake decorations since Betty Crocker was born, and it's perfectly OK to do so. Someone created the first recipe for cake and we all use variations of this, none of us made the first magical flour/sugar/baking powder blend, so no one owns the rights to any decorated cake plans.

 

When you describe yourself as a "professional" and the cheer mom as not a pro, what do you mean?  Did you go to pastry school or perhaps get a food handling certificate from a tech school? Do you have a shop or a licensed operation, or do you just dedicate yourself to being a really awesome cake baker/decorator?  These days there are more people trying to run cake businesses than you can shake a stick at, and the vast majority are self taught, which is just fine, but that doesn't make a professional. Pastry classes & certification here in Orlando at Cordon Bleu cost in excess of $30,000, and the students/teachers designs are not copyright protected.

 

Honestly, I think your sister handled her end of things very poorly to say the least. It was NOT a nice way to do it, but she may not really understand how much goes into the kind of cakes you make. In April I made a 300 serving cake with 2 weeks notice in between other cakes & chemo, for a charity; 2 weeks notice is not a mortal sin. But if somone asks you to make a cake and it just won't fit in your schedule, you have no option but to say "I can't do it" and understand that they will be seeking their cake elsewhere. Sisters back up baker probably isn't as creative as you, and asked sister for ideas, and I'll bet she showed her your cakes (IF she hadn't already seen them) for inspiration, and she used your images as a go-by to make the cake. And she probably worked pretty hard on her version.

 

I honestly think you & sis need to have a real open honest heart to heart about this and what ever else is creating the riff between you, and that you should tell her how ripped off you felt when you saw your design mangled by this other person with absolutely no preface or explanation; that was not cool, but you said she felt you "ripped" her off with the $200 cake, so maybe she feels it's all fair.  I really empathize, as someone who has had a picture of their cake design taken to Publix for them to try to copy for "less $"! And now the resulting cake appears in their wedding cake album for other brides to possibly choose, which sucks, but theres nothing I can do about it.  I'm just happy Publix isn't my sister, and therein lies your problem; sisters are for life, and just wait till you loose one (mine died in car crash at age 33). You can't protect your intellectual property unless it contains "unique proprietary properties", and cake & icing quite frankly don't fall into that catogory.  

 

Good luck resolving this; it isn't worth the stress and drama.  Work thru it and move on if you can find a way.  It's a cake!!! And cake should be all about happy.

Best Wishes.....

post #86 of 97
Quote:
Originally Posted by Shasha2727 View Post

I admit I have not read 100% of all posts on this thread, tho I read a bunch, buy from a strictly LEGAL standpoint, heres the deal.  Unless you have registered your design when you thought it up & when you presented the finished product, and had a T (trademark symbol) on said cake advising all who see it in real life and photos later that this is a REGISTERED DESIGN of _______, it's fair game to all who see to copy. One way to registed your idea / design is to sketch it out and mail the sketch to yourself, and keep the sealed envelope in the event there is litigation.

This is not entirely accurate. Original creative work is covered by copyright automatically, there is no need to register to get copyright protection (although you can register if you wish, this is required if you want to file an infringement lawsuit). If you want trademark protection (such as for a brand name) then you do need to register. Mailing a design to yourself is not proof of anything.

More info: http://www.copyright.gov/help/faq/faq-general.html
post #87 of 97
Um... Betty Crocker isn't a real person. shhh.gif
Plank.
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Plank.
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post #88 of 97
Quote:
Originally Posted by BrandisBaked View Post

Um... Betty Crocker isn't a real person. shhh.gif

 

WHAT?!?!?!

:o

post #89 of 97
Quote:
Originally Posted by jason_kraft View Post

This is not entirely accurate. Original creative work is covered by copyright automatically, there is no need to register to get copyright protection (although you can register if you wish, this is required if you want to file an infringement lawsuit). If you want trademark protection (such as for a brand name) then you do need to register. Mailing a design to yourself is not proof of anything.

More info: http://www.copyright.gov/help/faq/faq-general.html

And you can't copyright a cake design either, so there's that little issue.
post #90 of 97

Hells Bells, how did most of us learn?  We copied cakes that we liked.

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