Are Cakes copyrighted? If I see a cake on here or the ICES website, are those cake ideas under ownership of those that made them or can I make, advertise and sell them?

You really can't copyright a cake design. You can copyright images/characters/logos that might appear on cakes and photos of the cakes themselves. It's good manners though to cite the original designer like Earlene does here...

http://www.earlenescakes.com/amyscake.htm

What you cannot do is copy a Lic. Character for profit. That is a NO-NO..even coloring books are protected.

You can "adapt" an idea though. No matter HOW hard you try, your cake will NEVER be the same as the person that originated the design.

When someone brings in a picture of a cake they've seen in a magazine, I always tell them "If that's the exact cake you want, you need to contact the person that made that cake. I can only INTERPRET the work."

It protects me from dissapointing my client. No matter how hard I try, my eyes and hands will NEVER be the eyes and hands of the person who's cake is in the picture.

I'm sorry to say that in this day and age with people being so sue happy, you MUST protect yourself and if you are working from your home, you have to be EVER vigilant or you run the risk EVERYTHING!

I see a lot of cakes copying invitations, napkins, or other party wear (noncharacter).. how does this work?? Is this also a no-no??

I would say, ...it's a no-no also...as everyone's original work is supposed to be copywriten...especially commercial work..


But, hey...the only one out there putting up a stink is DISNEY! They have the resources to sue our pants off..lol

But, no worries, just make sure that you just have a heads up.

It never hurts to know..right?