On 7/8/99, Erin Jett <sejett[_at_]swbell.net> wrote:
>
> This may be an a question already answered, (if so, I apologize) but
> is it legal to put recipes on a website? If it is a fairly basic
> recipe like Beef Stroganoff, do you need to have permission from a
> publisher that the recipe came from to put it on the site? If so,
> are there ways around it such as changing the name of the recipe,
> etc. I have read some fairly old threads, but they do not address
> the reprinting of the recipe, just how to patent it.
You're right, this topic has been discussed in the past. So, here are
two answers. The first is *part* of *my* answer to a similar question.
The second is from Professor Stacey Dogan.
Bob Stock <bstock[_at_]mindspring.com>
http://www.geocities.com/Paris/1206/
- Bob Stock's Response of January 1999 ---
>
> 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.
>
- end of Bob Stock's response ---
- all of Professor Dogan's response from 1/3/99 (except for previously
quoted text ---
>
> It is generally understood that the combinations of ingredients found
> in a recipe are not copyrightable -- just as the ground rules for a
> game or contest are not copyrightable -- because they are
> functional/facts/ideas. See, e.g., Publications International v.
> Meredith, 88 F.3d 473 (7th Cir. 1996). Collections of recipes can
> receive protection as compilations, which would protect against copying
> the selection & arrangement of the compilation as a whole but not the
> individual recipes. In addition, if a particular description of a
> recipe contained "expression" (rather than a mere recitation of
> ingredients), the writer could prevent others from copying the way in
> which she described the recipe, but not the recipe itself. In PI v.
> Meredith, the court found no protection for the individual recipes when
> the recipes in that case "comprise the lists of required ingredients
> and the directions for combining them to achieve the final products.
> The recipes contain no expressive elaboration upon either of these
> functional components, as opposed to recipes that might spice up
> functional directives by weaving in creative narrative."
>
> This seems to me consistent with the general dichotomy between
> idea/fact/function and expression.
>
> Obviously, these ponderings are not to be taken as legal advice.
>
> Stacey Dogan
> Visiting Professor of Law
> Northeastern University School of Law, 400 Huntington Ave.
> Boston, MA 02115 USA
> (617) 373-4551 (ph); (617) 373-5056 (fax); s.dogan[_at_]nunet.neu.edu (email)
>
- end of Professor Dogan's response ---
Received on Sat Jul 10 1999 - 00:45:35 GMT