Ways To Play It Safe
November 9, 2012 Today's post requires a special intro, so here's Dara G. to explain:
"My local [CENSORED*] bakery has this new policy - not strictly enforced, but kinda enforced - NO PHOTOS in the bakery department. None, nada. Per an ex-employee there, upper management is afraid that one of that store's specific cakes will be posted on 'that bad cake site.' Per what they tell you in the store, their cakes are 'all copyright protected.'"
(*Store name omitted. Because I care.)
She goes on to say:
"Apparently this new 'no photos' thing came about after y'all had posted their 'Popcorn' cakes on the site."
Oh, you mean these ones?
Now, I honestly didn't know all these popcorn cakes were even from this particular store-which-shall-remain-nameless, but it's nice to know folks over there are reading the site and recognizing their handiwork!
Anyway, Dara goes on to say that she was actually accosted by an employee citing "copyright protection" after Dara snapped a picture of this:
;)
BEHOLD THE VISAGE OF A 'COPYRIGHT PROTECTED' PASTRY DESIGN.
The employee of this bakery-which-shall-not-be named even made Dara delete the photo off her phone, not knowing that Dara had actually taken TWO photos. (Sneaky girl...)
Now, I have always been of the opinion that if you don't want your bakery's wrecks on Cake Wrecks, STOP MAKING WRECKS. But, hey, banning pictures is one way to go about it, too.
After all, if you ban photos in your bakery, then no one will ever know that your bakers made something like this:
;)
Yes, that IS a plastic bunny tail where the mouth should be. A copyrighted bunny tail.
Or this:
;)
As a joke, Katelyn's friends asked for her cake to read, "Katelyn's Failure Cake." Little did they know they'd get EXACTLY what they asked for.
Or even this:
;)
If ONLY we had SOME way of knowing who is responsible for this glorious copyrighted cake design!
Of course, even if you do successfully bar people from photographing your wrecks in-store, there are still all those who'll just snap pics at home and then gleefully send them to me, with captions like, "Yummy piles of candy vomit!!"
In fact, here are two more sitting in the inbox right now, both from the same bakery I'm still not going to name, no matter HOW much you beg:
Jennifer J. writes, "Found this today, post-Halloween, at a [CENSORED] in Seattle, WA."
;)
I've pointed out the unfortunate "I" placement on this design before, but this one is doubly unfortunate:
;)
The fact that there's no period after the "P" might, shall we say, arouse suspicion as to the baker's true motives, don't you think?
And here's one that came in yesterday, where an election consolation cake got "owned:"
;)
We have a winner!
Of course this bakery isn't the only chain to ban photos; fact is, most stores now have similar rules. I hear from readers every week who are harassed, shooed away, and even outright kicked out of stores for whipping out their cellphones in the bakery.
Now, far be it from me to criticize rules (even ones I find really, REALLY stupid) but I don't see how harassing your own customers - and ones who often buy your wrecks because Cake Wrecks has made them a world-wide inside joke - is good for business.
Then again, I also thought it would make more sense to train your bakers not to make wrecks instead of trying to prevent people from seeing them, so what do I know?
Oh, and while we're at it, I hear the bakery-which-shall-not-be-named doesn't make those popcorn cakes anymore, so kudos there, guys!
Now, about your spaghetti cakes...
;)
Thanks to Dara, Gabriele, Lisa S., Chelsea M., Jennifer J., Bill, & Jessica A. for the picture perfect moments.
UPDATE: Dara G., our wreckporter on the scene, has recently contacted me to amend a few details in her story. She tells me the bakery employee was very polite in advising her of the photography ban, and while Dara did feel pressured to delete her photo, she was never actually ordered to. She also tells me the ex-employee who credits/blames CW for the photo ban doesn't know that for sure; it was just his/her personal theory. (Drat. Now I have to return that merit badge I just ordered for myself!)
Anyway, just wanted to include those corrections to be as accurate as possible!
Reader Comments (171)
1) Someone who has been harrassed at one of these places needs to go back in and sketch a cake. See if they have a problem with that. Can you imagine standing there with a drawing pad and colored pencils, doing a really detailed sketch? Hilarious.
2) The only people who can force you to delete a photo you've taken are the police in China. (Been there, watched my friend go through it.) I don't even think the police in this country can do so without going to trial.
3) Having said that, I don't think these stores qualify as "public" places - they are private property. I believe if they have a policy against photos, it must be posted. But they can ask you to leave because most of them have a sign posted somewhere at the front of the store to say that they have the right to refuse service to anyone.
4) Do those stores in Hawaii that ban recording devices not allow people to use pen and paper in the store? It may be faster to snap a photo or record yourself, but you can still scribble notes. How do they stop that? When I was unemployed I went through the grocery store and wrote down prices so I could compare and make wise shopping decisions.
Eh, I'm another one disappointed by my local bunch. They turn out safely pretty stuff. Still, I go looking and end up buying pies and cheesecake slices, proving a little notoriety is good.
I'm sure you fall under "fair use" for parody. If they do send a cease and desist letter, please post it. And contact Ken at Popehat.com to see if he would be willing to write a response to it. Because he's all sorts of awesome, even if he is a lawyer.
One thing that some seem confused by is the public place vs. private business thing. When you are in a store, you are both in public, meaning out of your residence and among a group of unknown people, *and* in a private business, meaning on private property where they make the rules. They are open <I>to the public</I>, but they are not a <I>public place</I>.
I noticed that the mega store near us moved all their cakes so they are right up front by the staff. If would be hard to take a picture without someone noticing. My thought, pick up the cake like you are going to buy it, sneak into another aisle and take a picture, then return it to the cold storage in the bakery area. If they ask, say you just changed your mind.
About the bunny: is that a tail or a ball gag? I can't be sure. *smh*
I'm actually surprised by these, because all the (CENSORED) bakeries I've been to have made beautiful cakes, and they make the best tasting cakes and desserts (for a chain company) out there. Obviously, the hiring standards are not the same throughout the country.
Oh. My. Gosh.
This is the funniest thing I've seen/read in a loooong time. I am so sad we don't have [CENSORED] where we are! Wegman's cakes aren't nearly as fugly...oops, I meant funny...enough.
And that skeleton still has me giggling!
You've officially made me LOL. I just might make a trip to my local [CENSORED] this evening!
Ohmigosh, I am such an innocent sometimes. I looked at the bunny cake and thought, "What? They did a really bad rendering of a fuzzy bunny slipper; the place you put your foot is is kinda raggedy.... OH!!!!"
@SuBee: sign me up for the band! I cannot read music nor could I carry a tune if I had a large bucket...but I think I could fake it on the shoe horn, if that spot is open....
@ mel ~ I just snorted.... It wasn't pleasent... or ladylike
For some reason I'm picturing the band playing at the end of The Beverly Hillbillies movie and Cloris Leachman dancing around.
SuBee has a fever. And the only prescription. Is MORE COW BELL! Anyone? Christopher Walken + SNL! heehee!
Over here on the "Wet Coast" I have never seen a wreck at either of the [CENSORED] store locations near my home....I haven't seen any wrecks in other of the Big Box stores either...maybe one day...until then I'll have to satisfy myself with this fantastic website :) Thanks for the daily laughs.
Awww... my local (nesored) bakery only makes really nice-looking cakes. I've never seen a wreck there worthy of a photo.
The bakery shall remain nameless even though its name is all over the price tag in several of those pictures? I've looked at our local one for wrecky cakes but they're all gorgeous.
As for no-picture policies, it would be too easy to take the cake to, say, the soup aisle and snap a picture there.
Very clever not to share the name of the store.
Now, I must admiit one of my jobs is a decorator at perhaps this particular store. To be fair, I've tried training many an underling and a lot of them just don't care to do a good job. However, partly due to this sort of thing, I try to make my cakes look as good as possible.
I'm now thinking of going on a mission to see if I can find wrecks myself at the-store-that-must-not-be-named. After seeing that last cake (and you mentioning it was at a store-that-must-not-be-named in Seattle) I'm now kinda determined to do this. Those wrecks are just embarrassing. O.o
Every time I scroll through the latest Cake Wrecks, I laugh. Today though, today my side actually hurts from the laughter. I work in a grocery store--we do NOT sell decorated cakes, I hasten to state--and I totally can see how a store manager would think the problem is the cake photos/your site/anything but his inept employees. Heaven forbid [insert name of large retail grocery chain here] employees actually know how to hold a piping bag, much less how to spell.
Keep taking those photos, people! If ever there was a value to applying the "free speech" doctrine to a website, this it.
Show me their copyright application. You cannot copyright this stuff, honestly. I worked for a lawyer who specialized in this field and his clients tried to trademark and copyright some interesting items.
Andrea, be warned. While you can restrain skeletons with telephone cords, the electricity arcs through their body, effectively like turning them on. You've been warned.
Jen, I bought you a ring. I'll mail it to you if you'll just say you will be mine!
They told me it would never go bad
I've often thought about submitting a series of "Saturday Semi-Sweets", cakes from local bakeries that are not the $300 quality of a more expensive bakery but are still simply beautiful... All have to cost $20 or less.
While we say we are "in public" while at the local grocer, and we are "publicly exposing" ourselves if we strip there, legally the building and surrounding parking lot are private property. Just sayin'
Oh, one final note. Most stores have a sister grocer that is owned by the same company. To pull a random example out of my hat, Safeway is a sister store to Tom Thumb. I can't think of any others, but this one stuck in my mind because I had a friend who got her local Safeway to change policy and that spread nationwide to all Safeway and Tom Thumb stores. Hmm... Wonder why that memory came to mind all the sudden? ;)
Oh, I forgot: @SuBee, I will happily be a groupie for the band! I will swoon, and scream, and follow you all around the country.
I will not, however, sing. I will spare you the misery. A client asked me today if I could sing, and I replied, "Well, when I do, it's a joyful noise unto the Lord. And my kid when he was a baby. And that's about it."
@Sharyn, I love you.
And here I was thinking it was just the Canadian arm of said censored chain that makes Wrecktastic cakes!
I almost never go to that store, but did today, and saw some that were so awful that I began to think that, perhaps, just maybe, my amateur cakes could be not so bad after all...
LOL!!! I won't take a picture "in" the bakery dept... I'll pick it up and take it to frozen goods and take it... Do the rules say that you can't do that? Hmmm idiots... I do cakes as a hobby and I LOVE this site!!
If I found a cake in a bakery that banned photos [a bakery found in a grocery store, specifically], I would pick up the cake and walk away like I had other shopping to do, take the picture, then return the cake as if I decided not to get it.
Because I'm sneaky, but not sneaky enough to take my picture in the bakery.
:p
Lol I really must start going to that store that will remain top secret and see what other heck they have for us for the holidays..sheesh.
I just don't understand why A) teaching bakers to be more competent is such a radical idea and B) why that poor bunny has a ball gag in his mouth.
if they have to ban photos in their bakery then obviously they know how bad their cakes are, so shouldn't they know to help them selfs by getting some cake decorating and spelling lessons
I used to work at the store-that-must-not-be-named as a cake decorator, myself. I was completely untrained at the time, but got possibly the only competent decorator in the chain as my teacher (also I can spell), so none of mine were ever CW worthy. =)
But, at least at my store, they wanted the fastest turnover possible. Apparently the store gets more money for "training hours" even though the basically expect you to be churning out like a pro after 2 hours of "training". After they run out of training hours for you, they want you to leave so they can get the next batch of training money.... so, no, it wouldn't be easier for them to actually get people who know what they're doing.
Some of the cakes are copyrighted--- those are only the special Disney ones you pick out of the book that come with plastic toys on 'em though. We were told we couldn't change the colors or anything on those cakes or we'd get in trouble with Disney. Because the greatest threat to the Disney empire is some kid's cake being their favorite color, purple, instead of retina-searing pink.
Oh, and they make wedding cakes too. Did you know that?
R.I.P ??? R Balls 'n P ???? they honestly didnt see that one coming? oh, i did not mean to say that. how shall i approach this. no, i will never believe that this was a total V-card moment of baker baker, who's got the template.
@SuBee- I'll be in your band! I call the theremin!!! :)
Stores are never safe
Stealthy wreckies find a way
(Haiku-copyright)
I totally want to be in the band, SuBee! I have no musical skill, but I can fake it... I'll play the Spoons!
I got banned from taking photos from a local Fred Meyer in Seattle, even though I was snapping photos of gorgeous cakes and pastries as reference for still life paintings. They do beautiful work there and I've never seen a wreck yet, but they still didn't want any photos taken. It was a major bummer and I still walk past the case wishing I could snap a shot.
I do not see how they can copyright these cakes. The popcorn and spaghetti and meatballs designs are from a cupcake book my daughter has.
Brilliant, Sharyn! This may be my favorite song so far.
Haiku-copyright.
No screen shot! Print not! Or else,
um . . . threat! Yeah! That's it!
Nothing stopping anyone from shelling out the $7 or so, buy the product, take it home, and photograph away. You were never asked to sign paperwork indicating that with the purchase of said product that you have entered into a legally binding contract that stipulates that you aren't to reproduce the image. Plus, if there was a copyright, the copyright has been transferred to you, the current owner.
Best $7 spent EVER
THanks you, yet again, for starting my day off with laughter. This store should invest a little more time into actually training their decorators instead of spending the wasted time and efforts of printing NO PICTURE signs and harrassing their customers.
Our local Store-Which-May-Not-Be-Named does have an excellent floral department...
They can ask you not to take photos in the store and then eject you for trespassing if you don't comply, but they can't make you delete your photo from your camera if you have already taken one. The only right they have at that point is to pursue you in court by seeking injunctive relief or damages for infringement.
I'm sure if you tried you could find a SAFE WAY to tell us what the store's name is.
Wouldn't it be cheaper for S-A-F-E-W-A-Y to just drug-test their mentally incompetent cake decorators than to sicc their attorneys on their own customers
?????
Oh so funny. I haven't seen any wrecks. Just wanted to say that I just read the story about (CENSORED) at Fark.com. Apparently the Fairway folks obviously don't have a sense of humor. I may have to go visit them tomorrow and see what they have to offer
Actually, I was at a Sendik's once and they had a cupcake in their display case that was pretty wrecky. When I asked, the person behind the counter actually took it out and held it up for me to take a picture! I know where I'm going for cakes from now on.
CW, I am disappointed at your conduct. You have always made a point of removing photos at the bakers' request, so why are you suddenly reversing your policy when it comes to Safeway? They may not have specifically requested CakeWrecks to stop displaying their cakes, but they are clearly not on board with it and they have the right to set rules for customers' behaviour inside their own store. Your flouting those rules shows a lack of professionalism and taste. Is it because Safeway is large and corporate that you treat them by a different standard from other bakers who have asked for their cakes' removal from CW? I hope you will reconsider Safeway's moral -- if not legal -- rights in this situation.
My local [censored] store has never had anything approaching a Wreck. Nothing that would make Sunday Sweets, but still a lot of nice looking cakes. I'm sure it comes down to the quality of store management. Some would rather ban cameras than hire decent people.
I canNOT believe that, in this economy, there aren't a dozen brilliant unemployed cake decorators ready and willing to take over for every wreck maker who has a cushy job.
I was going to call "pie" on that lovely yellow copyrighted pile of worms, but I see Haiku Joy has beaten me to it.
And here I just took a picture at one of those markets tonight. ^^ It was a zombie looking turkey, and the first wreck I've seen around here, how could I resist? No one stopped me or even noticed so I'm calling BS on it being all of that kinda store. Maybe just that one has the monopoly on crappy cakes. ^^
subee>> can i be the band's kazoo player?
can i? can i? can i?