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+-- Thread: Copyright question (/showthread.php?tid=33319)
Copyright question - HomeCulinarian - 05-26-2007
So, I feel a need to reveal that my wonderful husband is a newspaper editor and I really appreciate that copyrights/original works are a big deal (including recipes). And, I am a University administrator and understand the fair use doctrine.
As I'm new to this group and thought this was a forum for folks who already generally subscribe to the C@H publications. I’m reluctant to post copyrighted recipes that are not mine or not already in the public domain.... so I'll admit that I'm a bit of a copyright purist.
Can you old hands, pooh-bahs, moderators & addicts educate me on the expectations for this arena? I’d be grateful.
Re: Copyright question - DFen911 - 05-26-2007
Info -
Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. 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 combination of recipes, as in a cookbook, there may be a basis for copyright protection.
Protection under the copyright law (title 17 of the United States Code, section 102) extends only to “original works of authorship” that are fixed in a tangible form (a copy). “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.
Hope this helps
I believe - lxxf - 05-26-2007
that if you properly cite the source you are not in violation of the copyright laws. There are zillions of recipes on the net and I copy them all the time, but only for personal use, not for sale.
Re: I believe - cjs - 05-26-2007
and one day we may all get our a$$es sued and lose everything we own for posting all recipes here - but, what the hell, let's have fun till then!
(I'm kidding)
Re: I believe - Mare749 - 05-26-2007
I kind of wondered about that myself when I started posting my mom's old recipes. She didn't write any of them herself. They were acquired from cookbooks, newspaper clippings, relatives and neighbors. Oh, and probably a lot from the back of boxes and cans.
Since homemakers didn't worry about copyright laws 50 years ago, it's not possible to give credit where credit is due. I see recipes published in magazines all the time that I've also seen in Grandma's church cookbook from Pa.
From what Denise posted, it sounds like if we change the directions a little bit, then it's not copying the original recipe. Yes or no?
Re: I believe - SDRecipeGirl - 05-26-2007
First of all, it is REALLY difficult to claim that you own a recipe. Someone may be creating a recipe somewhere and someone else may happen to be creating the same recipe somewhere else. Basically, it can become your own recipe if you change 3-4 major ingredients or amounts, OR if you write the directions in your own words. I helped to publish a local Junior League cookbook and those are the guidelines that we worked with. You should always give credit where credit is due if you know it. If you don't- basically don't worry about it. It's all very complicated, but if you're citing a source, you're not breaking copyright laws. If you don't know the source, simply state "source unknown," to cover yourself. Just don't claim it as your very own, or try to sell it in your own cookbook or website- then you might get into trouble!