"Law for reusing other peoples recipes in books"

Topics: books, publishing
Asked by newbie4028457 29 months ago

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I'm thinking of putting together a collection of recipes in a book and don't know the laws in using peoples' recipes that have been published in the past. Anyone have information on this?


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"Cook book recipes"
 by -Poppet- on Aug 29 2007 (29 months ago)
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This question can be controversial! At least I have seen it get heated in the past!  But according to the US Copyright office's FAQ:

 

How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records.

 

Protection under the copyright law (title 17 of the United States Code, section 102) extends only to “original works of authorship” that are fixed in a tangible form (a copy). “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.

 See FL 122, Recipes.
http://www.copyright.gov/help/faq/faq-protect.html#recipe

 

 

So, what it's saying, I believe, is that a basic list of ingredients is not protected.  But, if the creator gets creative in the description, that is protected.  I guess that would be like if you wrote:  Using your favorite mixing bowl, add those freshly diced, homegrown tomatoes, and enjoy the smell of the flavors blending" or something like that rather than: "add tomatoes to herbs."

 

Permission from recipe creators is always a good idea, though!

Good luck with your project!

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I wouldn't use Rachel's recipes!
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"All those recipes are copyrighted "
 by Maroongirl on Aug 31 2007 (29 months ago)
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You need to check with the author or publisher with permission. Even if the recipe is very old, check with the publisher.
Sources: opinion
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"Mere listings of ingredients as in recipes are not subject to copyright protection. However..."
 by Spamgirl on Sep 04 2007 (29 months ago)
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Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.

Protection under the copyright law (title 17 of the United States Code, section 102) extends only to "original works of authorship" that are fixed in a tangible form (a copy). "Original" means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.
Sources: http://www.copyright.gov/fls/fl122.html
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Latest post on this question's discussion board:

I wanted to publish a cookbook taking the recipes from cookbooks already printed and have mine show what I did to change the recipe and my comments. From what I found out , it would take me years to get the permission needed. If you can find out an easy way, please let me know. Thanks !
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