Re: Recipes

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

The belief that recipes are not copyrightable is simply wrong, and I  
can prove it. Here are two recipes, one not copyrightable, and the  
other copyrighted. Both are for scrambled eggs and use the same  
ingredients:

Non-copyrightable:

- 2 eggs
- 2 tablespoons of water
- 1/2 tablespoon of butter
- salt and pepper to taste
Heat skillet over moderate heat and add butter. Whisk all ingredients  
and pour in skillet, stirring constantly with spoon or spatula until  
done.

Copyrighted (by me, in this instant, under U.S. law):

- 2 eggs
- 2 tablespoons of water
- 1/2 tablespoon of butter
- salt and pepper to taste
Gently lift the two fresh eggs from their container and take a moment  
to admire their natural beauty, and wonder at the miracle of life  
that produced them as part of the circle of interdependence between  
all life. As you crack them open into your favorite bowl, watch how  
the contents cling together, first hesitating to leave the shell and  
then rushing, as though on cue, to the bowl. Smile to yourself at the  
wonder of those two eggs, now co-mingled in your bowl and impossible  
to separate back into their separate selves yet each retaining its  
separate identity of yolk, as you fill a tablespoon measure, twice,  
with fresh pure water, and pour it into the bowl. Though little has  
changed, consider that the water, now added, will, moments later,  
evaporate from the skillet, sacrificing itself to prevent the eggs  
from losing any of their own moisture in the process -- but don't  
pause to wonder whether the evaporation is from the water you just  
added, from the eggs' own moisture, or both, because the water you  
just added -- its only reason for being in the bowl -- is meant to  
preserve that delectable moisture. Now, consider the salt, and when  
you think "to taste," don't rely on your taste for salt, but on your  
taste for eggs. Be sure to add just enough salt to enhance the  
natural flavor of the eggs but not overpower it. Finally, the pepper.  
Adding pepper is a mandatory ritual for me, at my house, when  
preparing eggs, but alas, my wife and children prefer that I leave it  
out. If you are like them, I encourage you to try it nonetheless, as  
a little kick of pepper can add zest to the ordinary. Reach over to  
the stove and heat a skillet just large enough that the eggs can  
easily cover the bottom without having to swirl them, as a larger  
skillet will tend cause them to cook too rapidly and dry out. Add  
just a dab of butter -- a half tablespoon is just enough to help  
lubricate and add a bit more body for the palate, but not so much as  
to add unneeded fat to your diet. As the pan heats, whisk the eggs  
mixture to blend. No need to overdo it -- allow a few straggling egg  
whites to insist on maintaining their separate identity, as the  
result will be more interesting to the eye. When the butter begins to  
bubble, pour the contents in and begin stirring constantly with a  
spoon or spatula. Watch as the mixture begins to thicken, and when  
the eggs appear almost, but no yet, done, remove the pan from the  
heat and continue stirring. Spoon the scambled eggs onto your plate  
when there is still a healthy bit of moisture in them -- just enough  
to keep them glistening. By now, hopefully your toast and coffee are  
ready because you have not a moment to waste. You must delve into  
your creation while they are yet steaming hot. Enjoy!

(I hereby dedicate this copyrighted recipe to the public domain,  
reserving none of the exclusive rights granted to me under Section  
106 of the Copyright Act.)

John

John T. Mitchell
http://interactionlaw.com




On Oct 4, 2007, at 12:03 PM, 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
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> "I like to pay taxes. With them I buy civilization."
>                                       Oliver Wendell Holmes.
> "Taxes are the price we pay for civilization."
>                                       Oliver Wendell Holmes, Jr.
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~