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Subject: Re: Recipes From: John Mitchell <john@xxxxxxxxxxxxxxxxxx> Date: Thu, 04 Oct 2007 17:24:05 -0400 |
Hi all,
People's recipes are certainly protected under the law. Copyright, however, is the wrong law. Intellectual property law has several parts of which copyright is just one. The other two are trademark law, and the one that applies most directly to recipes, along with anything considered an "idea," is patent law.
I agree with the Michigan attorney, recipes are not copyright able. This does not, however, mean that they aren't protected.
Cheers, Jeff Kazin Library Assistant-Public Services Course Reserves and Coursepacks Ladd Library - Bates College
Scott W. Lee, MSLS wrote:According the Title 17, Chapter 1, Sec. 102 (b) of the US Code:
In no case does copyright protection for an original work of
authorship extend to any idea, procedure, process, system, method of
operation, concept, principle, or discovery, regardless of the form in
which it is described, explained, illustrated, or embodied in such work.
Recipes are generally considered to be a process or procedure and, therefore, not copyrightable. This also applies to perfumes and fashion design which is why branding is so important in both of those industries.
Scott W. Lee, MSLS Assistant Professor of Library Studies slee@xxxxxxx 661-722-6546 L203 3041 W Avenue K Lancaster, CA 93535
At 1:49 PM -0400 10/4/07, John Mitchell wrote:
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 10/4/07, M. Robert Fraser <rfraser@xxxxxxxxxxxxx> 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. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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