copyright & recipes
Joel Ehrlich
All on 01-30-95 14:26 saying...
ht> So, for example, if I compile a bunch of muffin recipes and write
ht> comments and publish this -- Joe or Jane Cook could feel free to copy
ht> down the ingredients & perhaps the bare bones of the instructions --
ht> but if Joe or Jane copies my exact wording as I chat about the general
ht> principles and philosophy of muffin-making, then they are infringing
ht> my copyright.
TT> I believe this is the /start/ of the way it works. However, I have
TT> seen (haven't we all?) people post long lists of recipes, all from the
TT> same original work, none with permission granted. (As an example, I
TT> know of a copy of an entire cookbook on bread machine baking that
TT> circulates around BBSes around the USA.) I have a hunch that while
TT> this does not meet the test regarding non-instructional wording, that
TT> it would still be found to be a copyright violation if it were tested
TT> in court. I'm not a laywer, though -- just a believer in the law.
TT> ---------
You are addressing one of the other aspects of the copyright. To begin with,
when dealing with one recipe, only the words used to describe how to prepare
the dish can be copyrighted. However, a cookbook can be copyrighted and that
copyright would not only protect the words used to describe preparing the dish,
it would also protect the collection of recipes selected for the book.
In other words, I could transliterate the instructions for a recipe. I could
probably do it for two or three recipes. But as soon as my replication includes
the entire cookbook (or a large enough portion of it to be identifiable as that
particular work and only that work), then I am violating the copyright.
In other words:
1) You can't copy a complete recipe.
2) You can reword the instructions in a recipe.
3) You can't copy a complete cookbook.
4) You can't even reword it.
Joel
... If you're not the lead sled dog, the scenery never changes.
___ Blue Wave/QWK v2.12
HONN
newsletter focusing on food. I recently obtained a WEB page and was
perplexed as I include a cookbook review and several recipes from each. Of
course, I am citing my source and in effect "advertising" these books that
I review indirectly. Am I in violation of copyright laws then?
Also in accepting submitted material from readers. How do I know the
sources of these culinary creations. Perhaps someones mother-in-law shared
a recipe, but got it from yet another party, who in turn got it from Betty
Crocker. It would be very difficult, if not impossible to trace each and
every recipe. So what do I do with these recipes? Can I be sued?
SALLI
Joel Ehrlich
All on 02-01-95 20:49 saying...
Ho>
Ho> Hi..I was glad to see your input as I too publish. What I do is an
Ho> on-line newsletter focusing on food. I recently obtained a WEB page and
Ho> was perplexed as I include a cookbook review and several recipes from
Ho> each. Of course, I am citing my source and in effect "advertising"
Ho> these books that I review indirectly. Am I in violation of copyright
Ho> laws then? Also in accepting submitted material from readers. How do I
Ho> know the sources of these culinary creations. Perhaps someones
Ho> mother-in-law shared a recipe, but got it from yet another party, who
Ho> in turn got it from Betty Crocker. It would be very difficult, if not
Ho> impossible to trace each and every recipe. So what do I do with these
Ho> recipes? Can I be sued? SALLI
Possible. Not probable, but you should take steps to protect yourself.
Were I doing what you plan to do, I would, as part of ensuring that proper
grammar and spelling are used throughout each recipe, transliterate the
instructions - put them into your own words - staying as close to the
original as you can.
That eliminates any possible plagiarism problems while retaining the essential
idea.
Incidentally, it also means that your newsletter is copyrighted.
Joel
... Now then, which part of "No" didn't you understand?
___ Blue Wave/QWK v2.12