Photo Theft vs Design Copying

I'd like to get some clarification on this topic. How do you know when you are or are not allowed to copy a cake design? For example there are a ton of different decoraters doing elmo & cookie monster cupcakes all using the same technique but obviously someone came up with the idea, so when is it stealing? I recently copied the caterpillar cupcake because a client asked for it. I first went online & looked up a picture & found one in google images. Which I copied. Only later did I find out that the orginal cake decorater (in canada i believe) actually had a go at the decorater that I copied for not crediting her work. Now I feel guilty for also not crediting her, but it was by pure chance that I even know that she created it & really how do I know she did not also copy it? Personally the cakes that I put up pictures of I expect to be copied. I don't however expect that people use my photo as their work (do it yourself). Can I get people's view points on this, as I am only new to the industry & find this part of it very confusing & intimadating? Thanks SJ

This was a comment on a post below, and SJ brings up a common question... what about reproducing a photo?

Some cake artists are ok with it, and expect it.  Some are not.  The reality of this business is that it will happen, and it is not illegal.  We all have clients who bring us photos they would like reproduced.

My only suggestion is that you tell them it will be YOUR version of that design, and that you credit the original design if you know it.  If you don't know the source, then at least indicate that it was inspired by a photo supplied by the client.

This site is not about cake decorators who reproduce designs, but those who actually take photos from other artists and claim (or imply) that it is their own work!

As for the cakes with Elmo or other characters, that is a WHOLE other issue.  Those characters are protected under Licencing and Copyright laws.  I will eventually post my thoughts and research about that topic, but not today.

An Apology

I apologize for my prolonged absence... some family issues have kept me mostly off-line for the last month.

I'll be adding new thieves and following up with the ones listed below in the next few days!

Please remember, I need all of you to make this work!  Both finding the thieves and letting them know that we (as a community) find their behaviour unacceptable!

When we need to go to Facebook or Flickr or to their web host, the report almost always needs to be made by the owner of the photo.  However, sufficient comments on the photo and other complaints will certainly ensure they pay attention!!

(and on that note, we have added a Flickr group in order to help reporting as I have seen MANY cake photos stolen from that wonderful site!)
http://www.flickr.com/groups/stop-the-cake-thief/

And Another Photo Thief

This one was reported to us with the note that "most of the wedding cakes in the gallery are not their creations"


I have confirmed several cakes myself... perhaps you guys can help identify others!  Take a look in a her wall photos  on Facebook.


facebook.com/photos.php?id=19020996906


sugar-boutique.com


She has cakes from Wendy Kromer (Martha Stewart Magazine), Ron-Ben Israel, Cake Lava, Rebecca Sutterby, Bride magazine, OSSAS competition pix, and many more I recognize from Flickr too!




Same routine...step ONE:

Take a look and see if you recognize anyone's work.

Let us know in the comments here and we will send them a note letting them know their work has been stolen (this way we don't all send the owners a million emails)

Step 2:

Use her contact page!  TELL her what you think of her thieving ways!  Specifically identify any cakes you recognize and tell her that the owners have been contacted.  If there are any of your photos, then advise her that you want them removed immediately or you will pursue further action.

Tell your friends and ask them to contact her as well.

Step 3:

We will give her one week to take them down; then we will proceed to contacting her host if necessary.

We will also keep her on the watch list, even if she does remove the offending photos... don't want any re-offenders!!

DING DING DING... we have a winner!

Well here is a site that is just SHAMELESS in their photo thieving ways!


I have heard about them from several cake friends and many have contacted them to no avail.  It's time!
caitlynchocolate.com/default.htm

Okay everyone... step ONE:

Take a look and see if you recognize anyone's work.

Let us know in the comments here and we will send them a note letting them know their work has been stolen (this way we don't all send the owners a million emails)

Step 2:

Use her contact page!  TELL her what you think of her thieving ways!  Specifically identify any cakes you recognize and tell her that the owners have been contacted.  If there are any of your photos, then advise her that you want them removed immediately or you will pursue further action.

Tell your friends and ask them to contact her as well.

Step 3:

We will give her one week to take them down; then we will proceed to contacting her host if necessary.

We will also keep her on the watch list, even if she does remove the offending photos... don't want any re-offenders!!

CAKE ARTISTS UNITE!


It is time to make use of the power of many to stop photo thieves!


Oftentimes when we find our photos or articles on another site, the thief won't do anything when we contact them. Why? They already know they have done wrong, and they don't care.


HOWEVER... there are things you can do to protect your hard work! Watermark your photos of course, and we will talk about the best way to do it.


But what do you do when a photo (or article) has been stolen without proper credit to you? We'll talk about that too in more detail, but I firmly believe the first step is ALWAYS contact the offender privately first. There are a lot of people who are not very web-savvy and just didn't think about it. Those people will either remove your image or credit it properly ASAP when you contact them.


The real thieves don't care. What we need to do is MAKE them care! Of course we can all send them an email telling them what we think of their thieving ways, but you can also contact their web host and have their whole site pulled if it comes to that (you can't do this on behalf of someone else, and you do need proof!)


So.. what can you do?


Well first of all, subscribe to this blog!
I'll be writing articles about protecting your work, copyright issues, and more.


Tell your friends about this blog!
The more cake artists who are involved in this project, the more successful we can be to stop the thieves!


Tell us when you find a photo thief! Often they have stolen more than just your photos... by sharing it here, we can all check for our own images.
We need 3 things to post a link to a thief: the link to the stolen image, contact info for the actual owner, and a link or watermarked original image.
Don't post this in the comments... send us an email at: stop.cake.thief@gmail.com


Help us contact the thieves and let them know that the cake community at large is watching, and won't stand for their behavior any longer! Watch the sidebar; we'll be keeping a list of links!

So who am I? Well I am a just a cake artist like you. I have a full time day job, and a part time cake business. I am writing this blog anonymously because some cake thieves are nasty people who will come after me (I've already been through this!) and my business, and I don't want to have to stop this work because of that.


You are welcome to comment anonymously or with your name on it (all comments will be moderated) but please submit any thieves listing through the email address so I don't miss adding them to our wall of shame! stop.cake.thief@gmail.com