I am often asked about how copyrights apply to recipes. I see a LOT of recipe blogs that add the copyright symbol and or claim the recipe is copyrighted but that's not necessarily 100% accurate. The answer is actually short and sweet as is the Legislation that applies.
BOTTOM LINE: Even if the recipe originated elsewhere, even if the ingredients are still the same, if the directions and descriptions of your posted recipe are in your own words, it is your recipe.
Though we think of cooking as art, that does not make a recipe Copyrightable.
Copyright law does not protect
recipes that are mere listings of ingredients. Nor does it protect other mere
listings of ingredients such as those found in formulas, compounds, or
prescriptions. Copyright protection may, however, extend to substantial literary
expression—a description, explanation, or illustration, for example—that
accompanies a recipe or formula or to a combination of recipes, as in a
cookbook.
Only
original works of authorship are protected by copyright. “Original” means that
an author produced a work by his or her own intellectual effort instead of
copying it from an existing work.
FL-122, Reviewed November
2010
Why? To the extent there are only so many ways to
say "boil water" it is not creative, or therefore protected as
copyright. However, if you use a wholesale copy of the recipe directions or
description of another person's creative literary expression, this could be
interpreted as a violation of copyright.
Copyright Basics[1] Copyright protects “original works of authorship”
that are fixed in a tangible form of expression. The fixation need not be
directly perceptible so long as it may be communicated with the aid of a
machine or device. Copyrightable works include the following categories:
- Literary works
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
These categories should be viewed broadly. For
example, computer programs and most “compilations” may be registered as
“literary works”; maps and architectural plans may be registered as “pictorial,
graphic, and sculptural works.”
What Is Not Protected by Copyright? Several categories of material are generally not eligible for federal
copyright protection. These include among others:
• Works that have not been fixed in a tangible form
of expression (for example, choreographic works that have not been notated or
recorded, or improvisational speeches or performances that have not been
written or recorded)
• Titles, names, short phrases, and slogans; familiar symbols or designs; mere
variations of typographic ornamentation, lettering, or coloring; mere listings
of ingredients or contents
• Ideas, procedures, methods, systems, processes,
concepts, principles, discoveries, or devices, as distinguished from a description,
explanation, or illustration
• Works consisting entirely of information that is
common property and containing no original authorship (for example: standard
calendars, height and weight charts, tape measures and rulers, and lists or
tables taken from public documents or other common sources)
[1]
http://www.copyright.gov/circs/circ01.pdf
There is also a difference between legal and ethical, there have been some good discussions about that on the food blogger forum. It seems that most bloggers are good about attributing credit where credit is due, even if not legally required. (adapted from, inspired by, etc)
ReplyDeleteUnfortunately there are those that harvest exact recipes and even steal the photos.
True. But photo blocking software is easy to install so that can be avoided. Depends on if they're making money. Then it's a problem.
ReplyDeleteGreat Post! I agree with Chris, if it was inspired by someone, then what is the harm is saying that? The only thing that upsets me is when they use your photos. I work hard on my photos. They are not the best, but they are mine. I just think we should all get along.
ReplyDelete