Re: Recipes

[John Ruttner <jruttner@xxxxxxxxx>]

On Oct 4, 2007, at 9:03 AM, M. Robert Fraser wrote:

> One of our copyright attorneys at the University of Michigan has  
> told me
> explicitly that he does not hold recipes to be copyright able.  He  
> holds
> that it is just facts.
>
> -- 
> -bob
>
> M. Robert Fraser, Ph.D.
> Assistant Director, Mardigian Library
> 4063 Mardigian Library
> University of Michigan-Dearborn
> 4901 Evergreen Road
> Dearborn, MI 48128-2406
> Tel: 313-593-3740  FAX: 313-593-5478
> http://library.umd.umich.edu
>
>



An interesting point, but I'm curious how this would differ from a  
computer program.... Since the latter IS copyrightable but can be  
argued to be essentially just "facts".
If the argument is that a program is "creative" or that it has  
commercial value then the same applies to a recipe.  But that in a  
sense misses a basic point anyway,
which is that a recipe IS copyright protected indirectly as we can  
see in the Copyright Office's own  words:

	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.

In other words, the copyright or its violation lies in the  
application/use  of the "facts" .

John












John Ruttner
Senior Instructional Designer
Office of Distributed Learning
CSUSB


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