Update on Vanilla's Cupcakery website copyright issues

We just wanted to let you know we're aware of all the complaints against Vanilla's Cupcakery and appreciate all of you who've been in touch with them. One blogger (sorry, I don't have his URL in front of me) said that his fiance's photos has been used without permission and that Vanilla's said they were not aware of copyright infringement. I sent them an email that bounced back to me and haven't had a chance to call back. You will see that they have now updated their website to say "coming soon." Let this be a lesson to any future or current bakeries thinking of stealing photos; it builds ill will amongs potential customers.

Also, this is the Internet age (clearly). Your website speaks not only to customers in your local area, but to an international audience. As I meet more and more cupcake fans and bakers from around the world, I realize that we are all checking each other out, both as customers and cupcake fans and in some cases to see what other businesses our doing. Your website and business practices reflect on you in a wider sense. This is important to keep in mind when you are both setting up your website and handling all other aspects of yoru cupcake business.

Please do keep us posted in the comments or at cupcakestakethecake at yahoo.com - needless to say, what NOT TO DO as a bakery is steal other people's photos! Not only is it a violation of copyright law, but it's a disservice to your customers, since those are not the products you're offering.

I do want to clarify that their URL was not in the original article where I first heard about Vanilla's. I did a Google search on their name and easily found it, and noted in my post that clearly their site was not complete. However, that is no excuse for using stolen photos as placeholders and we in no way condone that. A major THANK YOU to Patti Kakes for her inquiries and research into whose photos were repurposed by Vanilla's and contacting us and the Flickr users in question.

Reader Heather of FuzzyKitty posted this photo on Flickr of Vanilla's Cupcakery's actual cupcakes:


Red Velvet, Creme Brulee, Birthday Cake, Triple Chocolate

She writes on her blog: (see also her previous post, "Jax cupcakes: stealing isn't cool")

I have had a change of heart after my last post about Vanilla’s Cupcakery. I decided to visit them at their Jacksonville location to see if the cupcakes looked like they did on the website. When I asked why the cupcakes looked so different they told me that they are in the process of having someone contracted through their webhost create their webpage and that they believe the photos on the website were stock photos. I have a feeling that whoever threw their website together stole the cupcake photos and added them to the site :( While I was in their shop they said that they have had some problems with their website; text was incorrect and their name was even spelled incorrectly. They even mentioned that the site was not supposed to be online yet and that they were in the process of taking it off line until it was complete with their very own photographs. This all made sense to me so I bought a red velvet and a creme brulee cupcake while Darrell picked out a triple chocolate and a birthday cake cupcake. All cakes were pretty good but I didn’t care for the overly sweet frosting of my red velvet or the dry cake in my creme brulee cupcake. Darrell said that he thought they were better than CamiCakes though!

I do want to go back to get a birthday cake cupcake of my own.


My take is that this is a triumph for the cupcake community as a whole. It also certainly has shown Vanilla's Cupcakery that they have to be on the ball and that even if they hired someone to do their website, it is their responsibility to make sure that person is using ethical business practices. I don't think this should be held against them forever and ever, and hope that Florida customers will check them out, and am glad they swiftly took down their placeholder site.

What do YOU think?

Comments

Anonymous said…
that is quite small compared to this
natashakhoo.com/2008/01/19/chic-cupcake-copycat/

this is outrageous!
Anonymous said…
http://natashakhoo.com/2008/01/19/chic-cupcake-copycat/
Anonymous said…
If I do a painting of some of these beautiful cupcakes and try to sell the painting, is that copyright infringement as well???
I'm getting so inspired from these tiny works of art...but I don't want to get to over eager and get into a jam...
Anonymous said…
i sent you an email about this about 3 months ago when it happend to ME !!!!! some ahole had it in 3 places on the internet, same lady.

I sent her a letter 1st, didnt get an answer, contacted my attorney and in less than an hour, they were all removed.
Anonymous said…
They haven't taken down their old "site" with stolen pictures. They just don't have it as the top-level front page. If you do a Google search for "Vanilla's Cupcakery" the 2nd hit is their Flash page with the stolen pictures, which is still online and working: http://vanillascupcakery.com/graphics/vanillaa.swf
Anonymous said…
Hello, I am Alex Davis (904) 647-7586, owner of Vanillas Cupcakery. I want all to know that I am grateful for the diligent effort of those searching on cupcake websites for copyrighted photos, where I am not exempt.

I have received several e-mails about this and was quick to have the site corrected. The site is down as in www.vanillascupcakery.com. However, those who are more “Tech-Suave” than me posted a link that goes around the normal Vanillascupcakery.com. This link will soon be down also, as soon as I finish this and inform our web guys.

I am truly sorry for this issue. What appears to be blatant is truly an error of my own doing and no one else is responsible.

In my effort to arrange my website I chose photos off many web sites that were close to the beauty and quality of our shop. I thought they were free for any use of any kind. But I was wrong. They were placed temporarily as “Spot Images” for the photos soon to come.


One photo was of a “Blueberry Chocolate Cupcake”, a photo by Sara LagacĂ©. It is a beautiful photo that we used in our “Spot Place”. Also another lady contacted me by email about her photo as well. And I was quick to let them know that I was truly sorry and was resolving it immediately.

We used their photos only as a “Test Spot” and had no idea any one was even looking at our web site yet, as I am “Low Tech” to this stuff. I want all to know that we had our own cupcakes photographed and we are in the process of getting them back and will soon load them in place of the ones shown.

Again this is only a mistake on my part and had no intentions to steal or try to pass photos off as my own as some would think. I understand everyone’s reaction not knowing what was truly going on behind the scenes.

I wish I could meet everyone who has any bitterness or resentment for me and let them see me and hear my voice as I say, “I am truly sorry and meant no harm of any kind.”

I appreciate the blogging on “Cupcakes take the cake” and it’s truly a blessing to me. You can only imagine my heartfelt thanks for all those getting this information to me about the photos.

Thanks Bloggers
Alex
Anonymous said…
I Am an avid cupcake eater and love this blog but am very disappointed to see the harsh attitude towards Vanillas Cupcakery! If you look at the html that some one put in here, you can observe the website and plainly see that it is unfinished and the words for the most part are in gibberish which shows that the website is under construction. At least a slightly intelligent UN bias person can! Hopefully I will be able to make a trip to Vanillas and judge there cupcakes for my self! Still love this site and all who write just think before you judge we all make mistakes maybe even some that were not known to us at that time.
Anonymous said…
Thanks for the post and the updates. I'm glad to see Vanilla's is taking action and has issued an apology. I agree, this should open the eyes to anyone opening a small business, cupcake or otherwise, you MUST do research and take action to protect your own interests as well as be sure you are not infringing on the rights of others. Just as a parent is responsible for the actions of his/her children, as business owners, we are responsible for the actions of the vendors we hire to do work for us. I'm glad that Vanilla's has recognized this and hopefully is working with another website designer to prevent this from happening again.

To 'anonymous' who made the comment about the "harsh attitude", I didn't get that feeling at all. I don't think anyone who made comments was out to hurt Vanilla's or thought the owner to be a bad person. My belief is that we were all simply shocked and hurt. There was no reason for anyone who had their picture used to think it was being used as a 'placeholder' despite the unfinished nature of the website. The impression seemed to be that the website was unfinished, but hey, take a gander at the offerings we have for you if you come into the store.

Vanilla's doesn't appear to have done this maliciously, and 'Heather' who blogged about it, went in to the store and purchased 4 cupcakes so I don't think any of us here are "biased", merely out to uncover the truth.

It's unfortunate, but in order for someone to protect their rights, they must approach every possible issue as if the other party is an offender and sort out the details after the fact. I don't think any of us (including Vanilla's) can afford to treat each issue as a possible "mistake" and sit back hoping for things to change in our favor.
Anonymous said…
I am satisfied of how these issues were resolved.

I really don't think that Vanilla's Cupcakery meant to do wrong, and I understand that we are not all experts when it comes to Internet rules and rights. But one needs to be extra careful and double check to make sure that they don't steal anything from people who spent lots of time creating those images that may appear free but that are copyrighted.
Anonymous said…
I do find it strange though that at first the web designer was blamed (as they always are) but then the owner on here admitted to getting the photos herself. If it was truly an error then why the 2 different stories?
It seems this is happenning all too often now. The customers deserve to get what is advertised, & if you can't bake it, don't fake it!

I just hope other bakeries take heed.
Anonymous said…
Despite the controversy behind the website photos, I have to say that Vanilla's Cupcakery cupcakes are not only beautifully made, but taste incredible. They just did my wedding in October. Everyone LOVED the cupcakes and the table looked so pretty and elegant with the three different flavors of cupcakes we chose to serve our guests. They even made a personalized cake topper matching our wedding logo! I fully support their work and will recommend them for weddings, or for just a Saturday mid-morning snack. And they have permission to use our photographers photos in the future :)