Prterrell - I do not know about that as that is not something I have had to deal with. Great question though! 
Who would hold a copyright on the Statue of Liberty? The French gov't? (I am just being silly, but that is a great question.) I would defer to the experts at the U.S. Copyright Office for that one. I would find it hard to believe that something like The Golden Gate Bridge, the Empire State Building, etc. would have a copyright as it is so in the public domain, but many of my friends were surprised when they saw the lengths that I went to in order to use the word 'popcorn' as written on a popcorn box. Hmm... now I am curious about your question.
Oops! I just burned my cookies as I was so curious about your question. 
Here are the basics as found on the U.S. Copyright Office's website (www.copyright.gov):
Does copyright protect architecture?
Yes. Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines architectural work as the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings. Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection. See Circular 41, Copyright Claims in Architectural Works
Here is a link to the more thorough explanation as referred to above:
http://www.copyright.gov/circs/circ41.pdf
If I myself wanted to do a particular building, I would call the copyright office and just verify it whether or not I could do it. I always err on the side of caution, but that is just how I am.
As for landmarks, I don't know and can't research that one as I now need to go mix up some more dough. Curiosity may have killed the cat, but I ended up with toasty cookies. 
I can say that if the landmark is based off an artist's sculpture, that could really be an issue.
thanks for researching that. Tracy. That is really interesting... I sort of thought buildings would be more like "nature"... kind of free to use, since know one person or company really "owns" it.
p.s. sorry about your cookies!!
Thanks, Bonnie 
I think as it was 'created' by someone who designed it, that is the issue. An architect is an artist, just in a different way and it is their work, even though we all see it regularly. When time permits, I would love to research this more, but no time right now. It is a very interesting question though.
Just because you don't know about it, doens't mean it hasn't been done
.
Fully agree on that one! I am certain they have legal advisers, if not common sense. They are out there in the public arena and I would be shocked if they did not realize they needed to cover themselves, public arena or not.
You never hear anything in the shows about these people calling the companies for permission.
Just because you don't know about it, doens't mean it hasn't been done.
Yep. If Duff did the cakes with out permission, I'm betting those would be the cakes that end up in the editing room floor and not in the show.
I seriously doubt Food Network's Lawyers would show these things on tv if they hadn't had permission to do the cakes. And I can see Duff being able to obtain the copyrights, because with the prices his charges he could probably pay for some of the rights to use them or the companies could see it is nice advertising for them.
After seeing some of the recently uploaded photos- I hope that everyone on CC reads this thread. FYI- I sent Charm City Cakes a question about this- I'll post their reply if I get one. Also for folks thinking that this is out of control and everyone should just lighten up- think about the time that goes into your original designs and how you would feel if someone else was making money off of them without your permission.
I try to get this point across to high school students every day- they think nothing of cutting and pasting other peoples' words, images, music into papers or onto their facebook pages- they think it's all up for grabs since copying is so easy to do.
-sorry this is so long, but it's a topic I really care about.
My rule of thumb is that is never hurts to ask. I recently did some lineman cookies and had to call the owner of the images because they are copyrighted, and asked if I could use them and what they were for. Luckily she said yes. I sent her a pict of the finished product just so she could see exactly what I used them for. She liked them so much that I'm going to be selling those cookies on her website now!
I'm wondering if we should start a new thread that can list all of the different places CC's have had to go to get permission. Like if you know who to call to get permission to do a Tinkerbell cake, we should have a place so that we can share that information. Just an idea...
Tinkerbell is copyrighted in two different ways, the Disney version is copyrighted by Disney - unless you're famous/big like Duff, you will NEVER get permission from Disney, the other version is the literary version based on the book, that copyright is held by the Downing St. Children's Hospital in London, England, not so sure about the illustrations in the various printings of the book, I guess those are by the various illustrators...of course you can always create your own fairy.
Luckily she said yes. I sent her a pict of the finished product just so she could see exactly what I used them for. She liked them so much that I'm going to be selling those cookies on her website now!
Hurray for you!!! Sorry, I had to jump on with that. So great to see it turn out even better than just a 'yes', but business coming from doing so. If pays (figuratively and literally in this case) to do the right thing.
This is very interesting. So a friend of mine who already tries to get around the issue of being illegal by claiming she can ask people to cover the cost of cookies/cakes and does character cakes is really flirting with danger? What if I wanted to make cookies for a college coach w/the school logo as a gift? Should I get permission just in case?
I called the New England Patriots once to make a cake for someone and they laughed at me when I asked if I could use the logo. I explained why I was concerned and they still laughed and said feel free to use it so I asked for it in writting and got it.
Try that with MLB and let me know how you make out.
This is very interesting. So a friend of mine who already tries to get around the issue of being illegal by claiming she can ask people to cover the cost of cookies/cakes and does character cakes is really flirting with danger?
Yes. 1 year in jail and a HUGE fine that would most likely bankrupt her.
What if I wanted to make cookies for a college coach w/the school logo as a gift? Should I get permission just in case?
That would *probably* be okay, but I'd call the school and check just to be on the safe side.
What if I wanted to make cookies for a college coach w/the school logo as a gift? Should I get permission just in case?
I would, but that is me. I go by the rule of "When in doubt, ask". Fully document who you talked to, the date and get it in writing. It can be a hassle to trace down the company, especially if it is not clear who they are, but it is worth the effort and then you know you are not doing anything wrong and you are covered. The school should not be hard to check with. I would start with the Public Relations Department.
I have two universities that I need to check with myself at some point. I plan to tell them exactly what they are for and in these two cases, they would be gifts and not for resale. By stating that upfront, I feel I have a better chance. If I get permission for that, I will likely ask, "If someone sees them and asks if I can make them for them, would I be permitted to make them in order to sell the cookies?" I might as well ask while I have them on the line and then I will know the answer should that particular situation ever arise. I have done that and have gotten 'yes' and 'no' regarding selling them. Now I know if it ever comes up.
For whoever asked if buildings are ever under copyright... YES!! Certain buildings/landmarkes are protected by law. I have a 3" book outlining the legal issues for visual artists and the copyright section is HUGE. You cannot depict a building, landmark, etc. without permission, if it is recognizable. Especially if it's/they are shown in a negative light.
And just because someone thinks they can get a way with it or thinks it's "unfair", that doesn't make it legal or ethical. Put the shoe on the other foot for a second... If your photo was taken at a public event and featured in an advertisement without permission or payment to you...would you sue? Probably, right? 
If someone's making money off your image without permission..it's theft.
Blank-blank, INC., and Disney feel the same way.
And just because someone thinks they can get a way with it or thinks it's "unfair", that doesn't make it legal or ethical. Put the shoe on the other foot for a second... If your photo was taken at a public event and featured in an advertisement without permission or payment to you...would you sue? Probably, right? If someone's making money off your image without permission..it's theft.
Well said, Torchwood! Well said!
I'm wondering if we should start a new thread that can list all of the different places CC's have had to go to get permission. Like if you know who to call to get permission to do a Tinkerbell cake, we should have a place so that we can share that information. Just an idea...
I love this idea, we could all help each other out by starting a list of the contact people for each company we have called. It would all save us lots of time if we knew what department or person to contact.
[quote="torchwood"]
And just because someone thinks they can get a way with it or thinks it's "unfair", that doesn't make it legal or ethical. Put the shoe on the other foot for a second... If your photo was taken at a public event and featured in an advertisement without permission or payment to you...would you sue? Probably, right? If someone's making money off your image without permission..it's theft. [quote]
Absolutely- it's like the clip at the beginning of some DVDs- "You wouldn't steal a purse, you wouldn't stseal a car..." personal ownership is important whether the items are tangible (or edible) or not.
I understand all the IP stuff but it is pretty sad that people.companies etc create children's characters (and make tons of money off of them) and then impose these copyright rules for insignificant items such as cakes. How do you explain to a 6 year old that he can't have a SpongeBob Square pants cake because "it is illegal!"?? Our laws/litiguous society have gotten OOC!
You don't have to tell the kid he can't have a Spongebob cake. He can have a Spongebob cake. Sam's Club has a Spongebob cake design, and I'm sure most other grocery stores do too. You can purchase Decopac kits to offer in your bakery if you have a high demand for those items.
The law is that we can't REPRODUCE copyrighted designs on cakes. We can use the kits we purchase (which really aren't that expensive) or do a generic cake decorated with toys of the character. But we can't draw that character on a cake or carve them out of cake or sculpt them out of fondant/gumpaste.
Remember, this law isn't stopping us, it's just limiting us. It just means a little brainstorming to figure out how we can give the client what they want and legally do so. We do this everyday! If a bride comes to you with a picture of a fondant cake but wants it in buttercream, you tell her you can do the design but it's just gonna look a little different. How is this any different? You can't draw Spongebob on a cake, but here's what you can do. . .
I really do not know a lot about copyright issues. And I have a question maybe one of you could answer it. If you purchase a licensed character toy at a store and you place it over a cake, would that be illegal?
I really do not know a lot about copyright issues. And I have a question maybe one of you could answer it. If you purchase a licensed character toy at a store and you place it over a cake, would that be illegal?
yes, if you resell it as part of the cake.
better: you make cake. Customer buys toy and lets you have it so you can plan how it will go on cake. You give it back to customer separately from cake. Customer puts it on cake in place/way you indicate.
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