We are in the process of getting ready to sell cupcakes.... I got to thinking though... If I use a cake box mix or a recipe off of the internet can I still sell the cupcakes? Or say my favorite frosting so far is the Wilton Buttercream can I use it and still sell my items? Does this make any sense?

No, but maybe you'll find some help for what you are trying to ask in the link below:

http://cakecentral.com/cake-decorating-ftopict-689995.html

(similar thread from 2 days ago... lots of info about selling.)

You can sell them if they're made of liver and onions, just advertise that they're meat flavored. There's no rule about what you can sell or not as long as the health dept has said your recipes are okay.

I know it's confusing... My MIL said that you have to change a recipe 20% if you call it your own, but i just want to bake, decorate and sell not trying to claim as my own.

I think your Mom is worried about some friend saying that it is *her* recipe your Mom is using.

There is no law that says you cannot use another person's recipe. However if you are worried about Mabel at your local church telling everybody it is her recipe, then you should think twice about using it. I know this is something my MIL worries about all the time. I believe it is a generational thing. But then again I don't give a da* what anybody thinks, so it may not be generational either.

Otherwise I love what Costumeczar said.

Personally I haven't found a recipe I like yet that I have used straight as written. But it varies with baker and oven, so this is probably always tweaking going on. And that maybe why you find variations, not because you have to change it to call it your own.

you aren't calling it your recipe, are you? I thought that whole changing the recipe thing was in reference to recipe submissions for print...to be able to consider it original. what's original anymore? there's always someone who has done it before you.

a crapload of bakeries use mixes for cakes ...some, even refer to untweaked recipes as their own....hank's famous(no reference to any person, living or dead is intended)chocolate cake could come from a 50lb bag of duncan hines cake mix and going by the directions or manufacturer's suggested method of mixing. and a crapload of people who swear no one has cakes like ol' hank's bakery!

You can't copyright the ingredients of a recipe. You can copyright the step-by-step instructions to make that recipe. That's why many cookbooks change 1 Tbsp to 3 tsp, they can then say that it's their original recipe. Ask Martha Stewart, she's made a career out of stealing other people's menus.

Yeah, last I heard many, many years ago - there is no copyright on recipes. That is why you see so many cookbooks.

But now for submission or something like that - it could be different, especially if the place you sending it to or participating in a contest and they stipulate that.

But again Costumezcar is right. I can't tell you many times I have seen something on Martha like she just invented it. It's only that she as a TV show and can claim it as her own. I sit there, cocking my head, going wait a minute I just read about that, saw it or found it on the internet myself before.

CCz, that MS statement is spot on and even then the recipes fail most of the time! LOLOL!

I think you can do it.