being involved in both art and photography I would feel most comfortable asking the person if I have their permission to use their work as an inspiration. From my experience most artists feel honored that their work inspired someone else. I have some great relationships on the web from collaborations with poets and artists. But, the key is always communication and permission.  
It is good to see that this issue is addressed.And has made me think odf instances in my own photography where I might need permission before posting!
Thank you, for making us more aware!

This is very informative - I often wondered if taking pictures of sculptures and making cards from that was copyrighted - anyone??

It is actually a little more complex than that.  While the artist "owns" the sculpture IP rights (or has sold the rights) merely having the sculpture on a card does not always infringe on the copyright.
 
CLARITY: if you take a photo of a street scene with many people and cars where none of the cars is the subject of the photo and are merely a part of the scene you are not infringing on the IP rights. (If they are all one brand/style you may be, because that would be a picture element)
 
If you take a picture of a mall area and there happens to be a sculpture in the picture but it is not the main subject, just one of many, you are usually ok.  
 
All of that said, it is usually better to err on the safe side.
 
-Whisper-

I have a question about photographic images of well-known food, such as Candy Corn(R) or the little valentine heart candies, the well-known iced animal cookies with sprinkles on them, etc.  I have the images already and want to use them on cards, but don't know if those would be considered copyright infringements.  Any help anyone can give me would be appreciated.  --Robin (AngelDogCards)

It does indeed matter. Often times, some products become diluted over a long time. I think the candy corn is made by numerous companies...whether someone trademarked is well...not what I want to look up right now....oh, all right...it looks as though people tripped over themselves with the candy corn thing but it's been around a looong time. Even the big candy maker couldn't claim it since the design hasn't changed since the 1880's or something. Go to google and search "TESS", dig thru and look for "new user" to search.
 
Here's the thing....slap a yellow marsh mallow p-eep or bunny and use the word p-eep (word broken to keep the dang company away from here by googling) associated with said sugary animals (which incidentally do fun things when microwaved *do not try this at home*) or something remotely similar and you gotta do battle with the company. They own it and they're using it to make all sorts of apparel and games, etc in addition to explosive sugar. Are they worried about cards...depends but in my experience..appears less so.
 
The crackers...look like the same deal...BUT, you use a discernable image of a brand and yes, they may be able to come after you. Doesn't matter if you took the photo...
The concept is the same for drawing or painting too...if you use a well known brand and make your own version...it best look reaaaalllly different.
 
I hope that made some sort of sense...tis late or early depending on how you want to look at it. I hope I said it the way I intended.
And just to help a bit, a simplified version of definitions (google is yer friend):
"According to the US Copyright Office FAQ, copyright "protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed."  
 
While copyright covers expressions of ideas, trademark covers logos and brand names. The US Patent and Trademark Office says that "A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name."  
 

Oh, and when the heck do I get senior status around here???? Slap some stars in there, would ya. I've been around here long enough for the love of Pete.

I know, I was kidding.