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employed decorator, are my photos mine?

post #1 of 41
Thread Starter 
my employer is aware I do sell from home. I covered this in the interview. but I'm not sure if the pictures of my work are usable. of course they would be ones that my employer is not using online as well.
post #2 of 41

Did you take the pictures? The work you created while being paid by them is their property and they can use pictures of it and claim it as there own after u leave their employ. However if you took the picture yourself then I would not guess there would be a problem. However I am not a lawyer nor did I sleep at a Holiday Inn Express last night. I would discuss this with them and see if they have issue with it. They cakes you create solely from home are yours and yours only.

post #3 of 41
If you took the picture the copyright is yours*; for example: a professional wedding photographer photographs a cake you designed and made- those photos belong to that photographer and you would potentially have to pay them if you wanted to use them on your website.

i.e. if you photograph a cake you made they may be required to pay you to use your photograph - unless you took the photo during working hours and/or at your place of work in which case it could be argued that the taking of the photo was part of your employed job.

So, if a picture you take at work is at all recognisable that it was taken in work and not at home I would suggest not using it on your own website.

Hope that helps icon_smile.gif

*I am certain there must be complications if you photograph a trademark or something in any way copyrighted
post #4 of 41

One of my former coworkers does cakes from home.  Our employer knew this.  She was forbidden to take photos of anything she made at work.  She was free to photograph anything she made at her own home, though.

 

Actually none of us are allowed to photograph anything we make while at work because what we're making is considered the employer's property, not our own.
 

post #5 of 41

I worked at a bakery where they thought all cakes we decorated were THEIRS.   The problem I had with that was..99% of the people came in with a picture off of google or from another bakery that WE COPIED... so it wasn't my employer's to begin with!   We never got permission for XYZ bakery to copy that cake.   I let them think they owned the cakes I decorated but if I decorated it, I took a picture.  

Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
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Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
post #6 of 41
Quote:
Originally Posted by ddaigle View Post

I worked at a bakery where they thought all cakes we decorated were THEIRS.

They are correct: any cake an employee decorates for an employer is a work for hire and belongs to the employer unless stated otherwise in the employee's contract. If you want to use a picture of a cake you made for your employer, you need the employer's permission, even if you took the picture yourself.

http://www.copyright.gov/circs/circ09.pdf
post #7 of 41

In my case I disagree..it wasn't ours to begin with...we didn't "create" as your article states...it belonged to another bakery or whoever created it from the google page they got it from.   How can my ex-employer say it's "THEIRS" when it wasn't THEIRS to begin with.   THEY stole it basically from another decorator.  Capiche?

Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
post #8 of 41
Quote:
Originally Posted by ddaigle View Post

In my case I disagree..it wasn't ours to begin with...we didn't "create" as your article states...it belonged to another bakery or whoever created it from the google page they got it from.   How can my ex-employer say it's "THEIRS" when it wasn't THEIRS to begin with.   THEY stole it basically from another decorator.  Capiche?

While it's true that the design is not copyrightable if it's infringed, your biggest concern would be legal action from your employer/ex-employer. If you can prove infringement on the part of your employer in a court of law you might have a defense, but the cost for legal representation and the research required could be thousands or tens of thousands of dollars.
post #9 of 41
Quote:
 I'm not sure if the pictures of my work are usable

 

Anything you do during work hours belongs to your employer. If this question is important to you, ask an attorney.

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post #10 of 41

Jason...are you reading what I typed?   It wasn't my employers design to begin with.  MY employer infringed on someone else.   They know we are copying pictures that customers bring in.   It's very common practice.    My employer should be worry about the other bakery coming after them rather than me taking a picture of a $40 cake I just decorated.  

 

It's not always black and white...as I know you like things to be.   My case is unique.

 

Sorry OP...this probably isn't answering your particular question. 

Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
post #11 of 41
Quote:
Originally Posted by ddaigle View Post

Jason...are you reading what I typed?   It wasn't my employers design to begin with.  MY employer infringed on someone else. 

I did read what you typed and I understand it. You may be right, and I certainly don't think it's fair, but the fact is you would have to prove infringement on the part of your employer, and that proof is beyond the level of resources most people are willing to expend.
Quote:
My employer should be worry about the other bakery coming after them rather than me taking a picture of a $40 cake I just decorated.

Correct, that is what the employer should worry about. You, on the other hand, should worry about your employer, since until it has been shown otherwise you are the one who is infringing.

There's also a catch-22 here...if you argue that you own the cake you made because your employer infringed on someone else, you are then guilty of infringing on that same someone else.
post #12 of 41

My proof is the picture of the cake that the customer gave me to replicate.  It's not like these are classified documents that get destroyed.   We get them all the time.  

 

I am the employee.....I don't know the law....I do what I am told.   It's now like a blatant obvious thing that I would know was the wrong thing to do.    People clock in...they do their 10 hours...they clock out.    

Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
post #13 of 41
Quote:
Originally Posted by ddaigle View Post

My proof is the picture of the cake that the customer gave me to replicate. 

If you can track down the bakery that made the cake (assuming they are still in business), how can you determine that they were the original copyright owner?
post #14 of 41

I can't,,,but we copied lots of designs from Pink Cake Box...and I guarantee Ann Heap may not appreciate us copying her designs...maybe she doesn't cake....but don't come after me (employer) for copying a cake from Pink Cake Box.....or the hundreds of other bakeries & google sites. 

Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
Debbie - US Army (Retired) --aka "The Cake Sarge"

Good Cake Ain't Cheap! Cheap Cake Ain't Good!
Reply
post #15 of 41

but you cannot copyright a cake design is what I have read repeatedly on this forum. Is that not correct?

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