RE: digital-copyright Digest 7 Oct 2003 15:00:00 -0000 Issue 265

["Harper, Georgia" <GHARPER@xxxxxxxxxxxx>]

Nimmer addresses the issue of the copyrightability of recipes at 2.18[I] of
his 10 volume treatise. I found a pointer to this reference on the Internet
when I searched for "copyrightability of recipes." It came up first. Google.

Nimmer says that recipes as instructions for the preparation of food are not
copyrightable, though some cases have found that text that included recipes
was infringed by taking text and recipes. Also, one might embroider on the
recipe by including information about the historical origin of the recipe,
tales about its having been served somewhere, etc. and maybe get copyright on
the whole, but a basic list of ingredients is not going to cut it.

Georgia Harper
Univ. of Tx. System
Office of General Counsel
gharper@xxxxxxxxxxxx
512/499-4462

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Subject:	digital-copyright Digest 7 Oct 2003 15:00:00 -0000 Issue 265

digital-copyright Digest 7 Oct 2003 15:00:00 -0000 Issue 265

Topics (messages 610 through 612):

Early Registration!: TEACH Act Online Workshop
	610 by: Olga Francois

Cookbooks & copyright question
	611 by: clarkjc.jmu.edu

Oct. 15 opt-in deadline for non-comm webcasting deal
	612 by: Joseph Lorenzo Hall

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----------------------------------------------------------------------
Date: Mon, 06 Oct 2003 13:24:30 -0400
To: "digital-copyright@xxxxxxxxxxxxxx"
  <digital-copyright@xxxxxxxxxxxxxx>
From: "Olga Francois" <ofrancois@xxxxxxxx>
Subject: Early Registration!: TEACH Act Online Workshop
Message-ID: <3F81A54E.5CE6DCCE@xxxxxxxx>

REMINDER AND INVITATION

                          *October 8, 2003!*
          is the Early Registration Deadline for the first
       2003 Intellectual Property in Academia Online Workshop:
                   IMPLEMENTING THE TEACH ACT
                http://www.umuc.edu/odell/cip/ipa/

The first online workshop in this series, Implementing the TEACH Act,
will be moderated by Kenneth Crews, Virtual Intellectual Property
Scholar, CIP-UMUC and Associate Dean & Director, Copyright Management
Center, Indiana University-Purdue University Indianapolis (IUPUI). It
will run from October 22, 2003 to November 5, 2003. Participants will
receive daily response and feedback from workshop moderators. In
addition, each workshop will include live chats with the workshop
moderators and invited guests. This is an online, asynchronous seminar
in which participants are active at times convenient to them.

For additional information call 301-985-7580 or 1-800-283-6832,
extension 7580 or visit our web site at
http://www.umuc.edu/odell/cip/ipa/

-Olga Francois
Center for Intellectual Property
University of Maryland University College
http://www.umuc.edu/distance/odell/cip/
[Please excuse the inevitable duplication of this notice.]

------------------------------

Date: Mon, 6 Oct 2003 12:35:37 -0400
To: digital-copyright@xxxxxxxxxxxxxx
From: clarkjc@xxxxxxx
Subject: Cookbooks & copyright question
Message-Id: <4cd08c04.cea01272.f43b600@xxxxxxxxxxxxxxx>

Thoughtful list colleagues,

I received the following query from a faculty member at my
institution. Very interesting!... but I'm not sure what an
appropriate answer would be--if there's one other than asking
recipe-by-recipe permission. I'm inclined not to think so...
but don't have an argument I'm confident of at this point.

Thanks in advance for your thoughts.  Jeff

"A friend and I am thinking about writing a cookbook.
Possible
titles include _Cooking with Philosophers_ and _A
Philosopher's Cookbook, or Discourse on the Method:  Being an
attempt to introduce the experimental method of reasoning
into culinary subjects_.  [...] One of
our points is that it is quite reasonable to take a recipe
and 'play with it,' substituting ingredients, changing
amounts, and so forth.  Our question concerns the copyright
status of recipes.  Could we include the basic white bread
recipe from, for example, the Westbend Bread Machine
Cookbook, cite the source, and use it as the basis for some
of our possible modifications?  (It's the basis for a whole
wheat, hazelnut, and poppy seed bread that I bake, for
example, among other breads.)  The recipe in question is
fewer than 400 words, it's less than 10 percent of the work
from which it is taken, but is a recipe itself taken as a
work?  [...]

We'll have generic recipes, which shouldn't be a problem,
but to do interesting things, one sometimes needs to begin
with something a bit more determinate.  Can we use an
occasional recipe drawn from a published source?"



===========
Jeff Clark
Director
Media Resources MSC 1701
James Madison University
Harrisonburg VA 22807
clarkjc@xxxxxxx (email)
540-568-6770 (phone)
540-568-7037 (fax)

------------------------------

Date: Mon, 6 Oct 2003 11:57:13 -0700 (PDT)
To: digital-copyright@xxxxxxxxxxxxxx
From: Joseph Lorenzo Hall <jhall@xxxxxxxxxxxxxxxxx>
Subject: Oct. 15 opt-in deadline for non-comm webcasting deal
Message-ID: <Pine.GSO.4.44.0310061154320.24009-100000@xxxxxxxxxxxxxxxxxxxxxx>

(From Radio And Internet Newsletter [RAIN]:
http://www.kurthanson.com/archive/news/100603/index.asp )

Eligible former and existing noncommercial webcasters hoping to take
advantage of a negotiated webcasting royalty deal must inform
SoundExchange of their intention by Oct. 15th, as mandated by the
agreement.

An agreement announced on May 31 between SoundExchange (which collects
and distributes royalties for webcast music) and representatives of
noncommercial and educational-affiliated webcasters requires only flat
minimum fees through 2003, and (for an additional fee) eliminates the
recordkeeping for eligible webcasters.

Read more in today's issue of "RAIN: Radio And Internet Newsletter,"
is now available at http://www.kurthanson.com .

[...]

Paul Maloney
Editor
RAIN: Radio And Internet Newsletter

------------------------------

End of digital-copyright Digest
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