Ok, so I know it's illegal to do the character pans for profit, Wilton puts that right on the pan, and I know it's illegal to do cakes with copyrighted characters on them, like Disney, WB, etc.

What I am wondering, since I've seen alot of these lately, is it illegal to replicate a picture from a napkin on a cake. I mean, I know you can do this for free, but if someone brings a napkin or invitation to your business, are you allowed to make a cake that looks like that napkin or invitation, as long as you don't directly scan the photo and put it on, or is that another thing that can only be done for free?


Thank you in advance. I'm mostly just curious about this, as I don't really have a "business" yet, and still do most cakes for free, but I hope to have a business one day.


Thank you,

Holly


**edit* Sorry, just thought of another.. if someone were to replicate a cake to look like an item.. say.. a Hershey bar, or you know, just any item that's well known.. is that illegal too?

Thanks again.

Anyone?

i believe it is illegal. Earlene Moore had on her website a tobasco bottle cake, and the company emailed her and told her to remove it.

Thank you.. I just wanted to know for future use..


So, keep napkin replicas for family and friends, and those I don't actually charge.. got it..


so um.. what if I give them the cake for free, then charge an outrageous amount for the box?


Buy an extremely expensive box, get a free cake of your choice inside!!

Nope. That'd still be considered charging because you made money on it. It may seem like a loophole, but it's not.

Yeah, it was meant as a joke.

A copyright is a copyright no matter what it is on.
Napkin, plate, shaped pan, even something in a newspaper - it's still copyrighted if it has the symbol on it.

Interesting someone brought up Earlene having to remove her tabasco jar (I remember when that happened)......just yesterday I ran across one on someone's site.