On 12/31/98, Alan Divack <a.divack[_at_]fordfound.org> wrote:
>
> Are recipes covered by copyright?
>
> My understanding was that they are too "useful" to meet the test,
> and are viewed and mere encapsulation of ideas, and hence not
> protected. This is a propos of whether or not it is an infringement
> to post recipes on an electronic bulletin board.
We have discussed this topic in the past. You might want to look at the archives. The short answer is that recipes are judged by the same standard as any literary work. The fact that they are "useful," in and of itself, should not be relevant. If anything, from a legal point of view, it may interfere with any constructive analysis because it seems to confuse recipes with useful articles, something more appropriate if you were attempting to copyright the result of a recipe, i.e., a fancy cake.
Most recipes are made up of two parts, a list of ingredients and directions. Remember always that it is only the expression that is copyrightable, not the idea of the recipe. Keeping that in mind, *most* ingredient lists and directions are not sufficiently creative to be copyrightable. How many ways can you say 1 T of sugar, 1 cube of butter, and blend them until fluffy? However, if the expression *were* sufficiently creative, it might be copyrightable, and if the copying of that expression were sufficiently literal, it might be infringement.
That is just the textual analysis. If the recipe is accompanied by pictures or drawings, they may be copyrightable, or the combination of text and illustration may be copyrightable.
Finally, bear in mind that a compilation of recipes may be copyrightable.
Quick and dirty answer, though, is that most recipes are *probably not* copyrightable. For a particular recipe, you should consult with an attorney. The recipe for that is:
1 client
1 set of facts
1 attorney
60 minutes of time
Blend all of the ingredients and put in the oven at $350 (do not preheat oven or that will cost more). Cook until golden brown or broke.
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