I've said this before, but I'll reiterate here.
1. There is no royalty fee to pay for a building. It's a replica of a building, paid for, said and done.
2. There's no copyright on the building.
3. I don't really mind the hat-
I just hate where it is. That having been said, there's really nowhere else to put it, considering DHS is laid out the way it is. It leaves no room for the hat to serve as the focal point/icon without ruining the entire theming and blocking something on Hollywood Blvd. Unless they move the hat outside of the actual gates to the park or somewhere behind the theatre, it's sort of strange to have your park icon not be the center of the park (much like the water tower was for so many years). There's really not an immanent permanent solution.
4. I think they are using the Tower of Terror as an icon because it's far more identifiable to the average joe than the hat is. (Ironically, they are using it on the Passholder page, which I'm guessing are largely die-hards who could recognize nearly anything Disney...). I don't think the Tower of Terror makes a good icon for the park at all, but if it gets the hat out of the way of
that spectacular view, then more power to it.
5. Honestly, DHS has MUCH bigger problems than a hat right now....I could live with the hat if a myriad of other things were solved first. But perhaps removing the hat from its current location could be the first step towards a better, full-day DHS.