I am aware of the legalities of using copyrighted charcters (Disney, etc.) on the cakes that I sell. However, I was wondering about copying napkins and invitations. I am often asked to match these for parties and showers. Is this legal? How do I know if the image(s) are copyrighted?
Are you scanning the napkin into your computer and printing an edible image out? or are you duplicating it freehand? My understanding is that the first choice is illegal, but the second is ok, because you'll never get the image to look exactly like the napkin. There will always be your touches and differences that make the cake yours. OR if you are that awesome, and can copy things exact (which I know people that are) then switch things up a little...change a few colors, something to make it different. Then I think you'll be fine.
Plus...probably not the best thing to say...I don't think the napkin people are going to be knocking on doors anytime soon...if anything the cakes sell more of their napkins 
If you're just taking a certain aspect from the invitation or napkin and not the whole thing you should be fine. I did a cake a while ago that matched a Valentine's Card that I got because I like the background. The pink and white stripes and tiny little roses were all I did, I left off the wording and it was fine. It really depends on the image you're dealing with. Cake decorators use all sorts of things for inspiration, just because something inspires us doesn't mean we're copying it. I agree with mendhi though, I think as long as you are not making an edible image of the actual image you should be fine.
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