I Got An Answer From The Copyright Office...
Business By costumeczar Updated 8 Mar 2010 , 2:37am by FullHouse
I doubted the whole copyright issue would stand if challenged. You wouldn't know unless it was challenged. I was thinking that the lawyer was just doing the work for payroll. So then wouldn't the lawyer also make more money representing the case. This is heart breaking to see someone so talented and so passionate about her work possible being taken advantage of like this. I really and most sincerely hope she isn't getting taken for a ride on the money maker.
And because lawyers are in the business of making money, Lawyer said, "Sure, you can copyright your designs! Where's my check?"
(mod edited to keep the conversation on topic and not personal)
Just saw Cake Wrecks from last week (Feb. 22) and there are a bunch of the DecoPak cakes on there. Just made me think of the whole copyright thing. Those companies would have a fit if they saw those cakes! LOL!
http://cakewrecks.blogspot.com/2010/02/wrecking-by-book.html
That's interesting info about copyright law. Thanks, costumeczar.
As a law student, I have to defend myself in that most of us won't be in the business of making money... Unless you work for a BIG firm of course, but in reality, most lawyers don't. The reason why lawyers have to charge so much is that the resources are so expensive (to research case law in one of the major law databases costs hundreds of dollars PER WORD). For the most part, we're told to expect to make about $50,000 per year (after graduating from a tier one law school).
Anyway, I'm hoping to take a copyright law class next year... and I'll share any new information I learn, without the outrageous lawyer fees 
I agree. My aunt always say most lawyers are not rich. My friend works for the Federal Government and is not rich, though she is in debt up to her eyeballs for that law degree.
With that said, I still think in this imparticular case, her lawyer took her.
Torts, it's great to see another person with a legal background on CC! (when I say "another", I'm not putting me in that loop! 
I know we have some in the legal profession on here, and their advice is always needed!)
Welcome, welcome, welcome! I'm sure we'll be picking your brain often on here!
Haha thanks indydebi! I wouldn't pick my brain just yet, as I'm afraid my knowledge is limited to first year classes... But one day
In the mean time, I'll be picking everyone else's brains in how to make amazing cakes! (It's really so much more fun than legal theory!)
I was also curious about whether it is possible to copyright a cake or cookie design (I had always thought it wasn't). My father checked with his law partner (a copyright/trademark attorney) and his partner said that you cannot copyright a cake or cookie design.
That being said, if someone was willing to take me to court over a design I wanted to continue using, I would have to seriously consider if I really wanted to let it go that far even knowing it wouldn't hold up. Some things just aren't worth the time (or legal expense), it really boils down to how much aggravation you are willing to deal with just to use a specific design when someone else is claiming it is copyrighted.
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