Re: Re: music playlists

A recipe understood as a list of ingredients and the way and order to mix them is not ever copyrightable -- so far, anyway. But one could have some flowery (pun intended) descriptive text about the dish or about how to put it together or about the metaphysical pleasures of grinding spices or some such which could be creative expression not subject to the merger doctrine or the exclusion under 102(b).

So I guess it depends upon what one considers a "recipe". I was using it in the narrow sense, not in the florid sense.'

So the answer is that the list of ingredients and how to mix them and how to make the dish is never, ever copyrightable. That is the idea which merges with the expression. But one can tack on a bunch of other prose that could be. For example, in The Joy of Cooking, there is a great deal of copyrightable prose telling one about how to cook and giving various tips. But when one gets to the recipes themselves -- a list of ingredients with terse prose on how to mix and how long to cook, there is nothing separate from the idea. Or at least not in the recipes I follow.

Steve

On Friday, April 1, 2005, at 06:10 PM, LKim[_at_]cohenlaw.com wrote:

> They aren't, even when evaluated on a case by case basis (hence the
> word
> "copyrightable")?
>
> See, e.g., <http://www.copyright.gov/fls/fl122.html>.
>
> ------------------------------------------
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>
> Steven Jamar
> <sjamar[_at_]law.howar
> d.edu>
> To
> Sent by: "CNI-COPYRIGHT -- Copyright &
> "CNI-COPYRIGHT -- Intellectual Property"
> Copyright & <CNI-COPYRIGHT[_at_]cni.org>
> Intellectual
> cc
> Property"
> <CNI-COPYRIGHT[_at_]cn
> Subject
> i.org> [CNI-(C)] Re: music playlists
>
>
> 04/01/2005 04:25
> PM
>
>
> Please respond to
> "CNI-COPYRIGHT --
> Copyright &
> Intellectual
> Property"
> <CNI-COPYRIGHT[_at_]cn
> i.org>
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>
>
>
>
>
> recipes are not copyrightable. collections of them are.
>
> On Thursday, March 31, 2005, at 04:05 PM, LKim[_at_]cohenlaw.com wrote:
>
>> I would analogize play lists as being similar to recipes.
>> Recipes
>> are copyrightable as compilations. Nimmer makes reference to this,
>> but the
>> copyright is thin. Here, the play lists are being copied without
>> authorization and, to the extent that they are copied as a whole, this
>> raises a good question of whether verbatim copyright infringement has
>> been
>> committed and the thickness of the protection of said copyright.
>> [106(1)
>> being the right to reproduce and authorize the making of copies --
>> separate
>> and apart from 106(3) -- the right to distribute and authorize the
>> distribution of said copies (this would include "publishing"/making
>> available to the public)).]
>>
>> ------------------------------------------
>>
>> Lee Kim, Esq.
>> Patent Agent
> --
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-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:sjamar[_at_]law.howard.edu
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

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