Is any recipe truly unique? What if my recipe originated from a cookbook or magazine? Can I still post it? The gist on recipe copyrights: A list of ingredients cannot be copyrighted. An idea, concept, system or method of doing something cannot be copyrighted either. Only the substantially literary expression associated with a recipe can be copyrighted. To the extent there are only so many ways to say “boil water” it is not creative, or therefore protected as copyright. If the recipe directions or description are a wholesale copy of another person’s creative literary expression, they are in violation of copyright. So even if the recipe originated elsewhere, even if the ingredients are still the same, if the directions and description of your posted recipe are in your own words, it is your recipe. Keep reading for more information.
What is copyright supposed to protect? Copyright is intended to protect artwork, not techniques like recipes. Copyright protects your fiction and expression; it doesn’t protect ideas or methods. You have to get a patent to protect those. Furthermore copyright only protects truly creative works, works of fiction, essays, musical compositions, etc.
What is the deal with recipes? The Copyright office of the US Government says specifically “A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection.” (http://www.loc.gov/copyright/faq.html#q29) So the literary expression in the form of directions or description might be protected, if it can be proven to be truly creative. In other words, a lasagna recipe with 3 basic steps (cook the noodles, make the sauce, and bake for an hour) can not be copyrighted — no matter how tasty — because it is obvious, not creative. Or a collection of recipes into the unique presentation of a cookbook can be copyrighted due to the choice of the collection and it’s arrangement, not the individual recipes themselves. http://www.loc.gov/copyright/fls/fl122.pdf
A list of ingredients is a list of ingredients, the government doesn’t care. But when it comes to other people’s description and directions don’t copy the flowery stuff, put it in your own words. You probably made the recipe, you probably did it slightly differently than the original directions anyway. Do not copy the literary work of someone else. If you post it, and they notify me with proof of the violation, I will immediately remove your recipe and you could be liable for damages. If someone else copies the recipes from this site, and uses them, I would want to protect your original work and demand they be removed. So don’t copy. However, I encourage users to try recipes from other places, and post them in their own words. I don’t mind if you include information about where you got the recipe from as long as the description and directions are in your own words.
With that said…WELCOME!!
No tags for this post.
