Copyright of recipes

Re the parameters for the protection of recipes:

The Ninth Circuit Court of Appeals issued a decision on this topic late last year or early this year (I can't recall the name, but it should be easy to find on Westlaw/Lexis). The Court concluded that the recipes before it were not protected, because they were old American standards. The Court left open the possibility, however, that other recipes could be protected.

In a quick poll of my colleagues, a number of us question the Court's ruling as somewhat stingy as to the creativity inherent in even "old standards" such as apple pie. In answer to a question that some of us had, the appellate panel was gender-mixed (two male judges and one female judge, I believe).

Michael E. Sobel, Esq.
Graham & James LLP
One Maritime Plaza, Suite 300
San Francisco, CA 94111
(phone) 415/954-0200 - (fax) 415/391-2493
(Internet) msobel[_at_]gj.com
Received on Mon Apr 22 1996 - 16:22:52 GMT