Originally Posted by imagenthatnj
Agree with sugarjones. It's the photo that you can't take, display it on your website, and promote your cookies with it.
I think you can make the exact same cookies, but take your own picture on a different plate and arranged in a different way and you would still be OK.
That makes total sense, since the picture itself isn't the design. I think that the only category anyone would be able to argue a cookie or cake design would fall under would be a "work of visual art". This is the definition of that from the copyright office website, and it doesn't sound like any cookies or cakes would fall into this category based on the fact that we generally don't sign and number the series of decorated cookies. It would certainly be a stretch of logic to argue that you could copyright them. I know that you can't copyright a recipe but you can copyright the specific written description of how to make the recipe, it's tricky:A work of visual art is
(1) a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or
(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.