Legal Question in Intellectual Property in Florida

As a bakery, can I base my business off of cakes and cookies that are themed around books and book covers, or does this infringe on copyright laws?


Asked on 10/25/09, 12:44 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I'm not entirely sure what you have in mind. You can use the recipes from books to make your cakes and cookies, and you can re-sell books in your shop. But, you cannot copy the book covers or the characters. For example, you cannot make an "Ace of Cakes" section with a blown-up picture of Duff Goldman. You also cannot make a "Harry Potter" section with a blow-up book cover picture. Additionally, if you propose to recreate certain characters, such as Peanuts or Disney characters, on your confections, that would be copyright infringement.

One would need to know the specifics of what you propose to form a more meaningful opinion.

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Answered on 10/30/09, 1:48 pm


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