Re: Recipes

[Bob Fraser <rfraser@xxxxxxxxxxxxx>]

 I suspect the key is in the term "substantial literary expression." 
Most recipes do not rise to this level, but have a terse description of a
process.  Some recipes do, providing a good deal of exposition.

John Ruttner wrote:

  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 Library4063
    Mardigian LibraryUniversity of Michigan-Dearborn4901 Evergreen
    RoadDearborn, MI 48128-2406Tel: 313-593-3740  FAX: 313-593-5478http://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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