The ones you make for your children are not going to get you in trouble.

Bakeries on the cake shoes get permission by writing to the copyright holder and asking for permission. However, unless you are big/famous the chances of getting permission from many places is rather small. Colleges and universities will often give permission, but the biggies (Disney, Nickelodeon, etc) won't. Also, remember, many of the cakes Duff's bakery makes that are of copyrighted things are made FOR the copyright holder. Of course they're going to have permission in that case.

Bannette, I have always understood that you could do it for your children with out a problem. Think about Wilton's character cake pans for home use only. They wouldn't even make those if you couldn't do the cakes for your kids.

As far as Duff or cake shows doing it, they can ask permission to use the image. The company can deny it, but then on these shows it is also advertising for them. My thoughts is that there are enough lawers at Food Network that know the laws and rules and would follow them, or be able to obtain permission when needed.

I do not sell any item with a (recreated by me) copyrighted character/logo/emblem on it...nor do I post them on my business site(that is a no no as well). I make those for family members.

It may be long and drawn out, but knowing you're doing the right thing (whether you agree with it or not) does come with a feeling of gratification.

One recent (awaiting the contract to sign) request initially required me to secure and maintain 12 million + worth of various insurance policies. That would never happen unless the customer was paying the premiums...reckon they'd fork over the additional 1200.00+ for the coverage just for the use of the logo on their wedding cake...maybe, I should ask. The attorney is going to great lengths to help me be able to create this cake to everyone's satisfaction.