Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › employed decorator, are my photos mine?
New Posts  All Forums:Forum Nav:

employed decorator, are my photos mine? - Page 2

post #16 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?


I understand what you're saying -- we get that kind of thing at work all the time too.

 

If a customer pulls something off Google that has a copyright, we're forbidden to do it because of the legal implications.  If they want a copyrighted design, they can choose an image from our edible image book. We won't copy anything from another bakery.  It's considered unethical.

 

BUT...as long as you're making that particular cake at your place of employment, the cake itself, not the design, belongs to your employer.

post #17 of 41

I'm not talking copyrighted designs.   I understand all that.    

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 #18 of 41
Quote:
Originally Posted by ddaigle View Post

I'm not talking copyrighted designs.   I understand all that.    

If you aren't talking about a copyrighted design, it's not clear what your defense would be if you appropriated the picture of a cake you made for your employer as your own.
post #19 of 41

I'm talking about a picture of a cake (for example) from Pink Cake Box..that has bows, dots, stripes, etc...nothing copyrighted.   My boss would say that the cake I decorated (and copied from PCB) was HERS and I could not put it on my website/facebook.    Maybe you have misunderstood my situation.   I'm not talking about piping Mickey Mouse's face on a cake....I'm talking about she said if it was decorated in HER shop...it was HER cake.   I disagree because of what I have stated in the early conversations.     

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 #20 of 41

I'm wore out....I'm talking a nap....be back later

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 #21 of 41
If that's the case you would most likely lose this argument in court (if it goes that far, typically these situations are resolved by a C&D or settlement). The fact that the design was based on non-copyrightable work done somewhere else is irrelevant for the purposes of determining who owns the finished product, since unless your contract states otherwise the employer owns the product and you would need permission to use a picture of it.

I'm not an attorney, so if you have questions about your specific situation I recommend contacting one for a definitive answer.
post #22 of 41

Let's agree to disagree.    I have not more comments.  Thanks.

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 #23 of 41
What if you take a picture after the customer takes it and they say sure you can use the picture? Just a silly question.
Hey everybody! Check out google.com ! This is clearly an attempt to direct traffic onto that site and away from cake central. Because everyone knows you can only have one browser open!
Reply
Hey everybody! Check out google.com ! This is clearly an attempt to direct traffic onto that site and away from cake central. Because everyone knows you can only have one browser open!
Reply
post #24 of 41
Quote:
Originally Posted by kaylawaylalayla View Post

What if you take a picture after the customer takes it and they say sure you can use the picture? Just a silly question.

That's actually a very good question. If the employer finds out about it they might still have cause to take legal action (especially if you are using the pictures to advertise a competing business) but I'm not sure they would be successful. Of course if you want to avoid being the legal test case for this issue the safest thing to do is to only use pictures of work you have created on your own.
post #25 of 41
Quote:
Originally Posted by amartin1900 View Post

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.

Cakes you make at home are yours to do with as you please. Cakes you make at work are the property of your employer, and you may not photograph them with the intent to advertise your personal business from home. That about cover it? Not sure about the other discussions going on.... icon_cool.gif

"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
Reply
"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
Reply
post #26 of 41
Quote:
Originally Posted by MimiFix View Post

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

 

Quote:
Originally Posted by jason_kraft View Post

I'm not an attorney, so if you have questions about your specific situation I recommend contacting one for a definitive answer.

 

Yeah, like I (and we) said, if this question is important to you, ask an attorney.

VISIT US at BAKINGFIX

 

             Bookshelf    Consulting    Classes    Blog    Facebook  

    

 

 

Reply

VISIT US at BAKINGFIX

 

             Bookshelf    Consulting    Classes    Blog    Facebook  

    

 

 

Reply
post #27 of 41

It amazes me that it's so hard to understand that what you get paid to do at work belongs totally to your employer--the physical object AND photos of that object. 

 

When you're on their clock, using their materials, being paid by them, being insured/indemnified by them, then whatever you produce FOR them is completely THEIRS.  By accepting your paycheck, you are giving up ALL rights to what you've produced while on the clock. Period.

 

If you're reproducing something from another bakery, it's because your employer is willing to take the commission.  Any issue the originator might have is with your employer--NOT YOU.  You merely did what your employer told you to do.  Yes, you could say you won't do it because it's copying someone else's design, but that's likely to get you fired.  You can't use the excuse that it's a copied design as a way to make it OK for you to use the photo for your personal gain.  Two wrongs don't make a right.

 

You simply CANNOT take photos of a work product and then use that same photo to promote your own personal business.  Heck, you're lucky that your employer allows you to run a personal business that is [in any way] DIRECT competition.  I think your employer is a fool for allowing that, really.

 

You want a picture of that cake that you decorated while at work [using their cake, their icing, their water, their boards, their spatulas, their bags, their tips, their counters, ......]--then replicate it at home using all of your own stuff and take the photo [being certain that the background is easily identified as YOUR kitchen so that there's no confusion].  That cake AND that photo are YOURS.

post #28 of 41
Quote:
Originally Posted by ddaigle View Post

I'm talking about a picture of a cake (for example) from Pink Cake Box..that has bows, dots, stripes, etc...nothing copyrighted.   My boss would say that the cake I decorated (and copied from PCB) was HERS and I could not put it on my website/facebook.    Maybe you have misunderstood my situation.   I'm not talking about piping Mickey Mouse's face on a cake....I'm talking about she said if it was decorated in HER shop...it was HER cake.   I disagree because of what I have stated in the early conversations.     

The cake would be your employers.  It doesn't matter who came up with the design, you made the cake at your employers place of work, therefore the cake, and any pictures, are theirs.  It's perfectly understandable that you wouldn't be able to post it on your facebook.  It wasn't created in YOUR shop.  You do not own the work.  If I ever get to the stage of having employees, the same will apply in my shop.  No matter WHO came up with the design, the final product belongs to the shop it was created in.

~*Make your next event special*~
Reply
~*Make your next event special*~
Reply
post #29 of 41
Thread Starter 

These were all very helpful. I asked my coworker who also sells from home. She informed that were we not instructed to take photos of all of the cakes by the owner for the owner but for our own personal portfolios. my coworker posts all her photos to her facebook and also to our bakery facebook. I agree that I should ask what the owner would feel is best as I would want the same. 

Thank you all for your help

post #30 of 41
Quote:
Originally Posted by amartin1900 View Post

These were all very helpful. I asked my coworker who also sells from home. She informed that were we not instructed to take photos of all of the cakes by the owner for the owner but for our own personal portfolios. my coworker posts all her photos to her facebook and also to our bakery facebook. I agree that I should ask what the owner would feel is best as I would want the same. 
Thank you all for your help

I assume you mean she was instructed to take photos...if that's the case, I would make sure to get it in writing that the owner is OK with posting bakery pictures to personal FB page.
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Cake Decorating Business
Cake Central › Cake Forums › Cake Talk › Cake Decorating Business › employed decorator, are my photos mine?