Re: Copyright of recipes

On 19 Apr 1996, Sarah Wernick wrote:
>
> Does anyone know of a definitive, detailed discussion that explains
> what makes a recipe copyrightable?

 . . .
> Since I've already been through an exhausting argument on the subject,
> what I'm looking for is an authoritative published source with an
> answer definitive enough to end the discussion.

I don't know if it's a definitive source for this particular question, but it's generally regarded as authoritative: Nimmer section 2.18[I], consisting of a single paragraph, is entitled "Copyrightability of Recipes."

Nimmer suggests that recipes are mostly functional, and therefore it's doubtful whether they are subject to any copyright at all. (I tend to disagree. This is, I think, the classic "thin" copyright -- most recipes, IMHO, have little originality in the sense of "authorship," but enough to justify a copyright. However, given the limited ways of expressing a recipe, I believe that some acts that would ordinarily be considered infringing, such as a close paraphrase, would not infringe a copyright in a recipe.)

Nimmer also notes that any copyright in a recipe might prevent reproduction of the text, but could not be asserted to prohibit preparation of the dish described.

--
Terrence J. Carroll 
Attorney at Law                                      ph: 415/843-5090
Cooley Godward Castro Huddleson & Tatum             fax: 415/843-0663
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