RE: Recipes

["Tramdack, Philip" <philip.tramdack@xxxxxxx>]

It would seem to me that even the shopping list I take to market to buy
the ingredients for my dish is "copyrightable".

Philip Tramdack
Director of Library Services
Bailey Library
Slippery Rock University of Pennsylvania
Slippery Rock, PA 16057
724-738-2630
724-738-2661 FAX


-----Original Message-----
From: John Mitchell [mailto:john@xxxxxxxxxxxxxxxxxx]
Sent: Thursday, October 04, 2007 5:24 PM
To: Jeff Kazin
Cc: Scott W. Lee, MSLS; digital-copyright@xxxxxxxxxxxxxx
Subject: Re: Recipes

Jeff, I can assure you that the recipe I labeled as "copyrighted"
below is, indeed, copyrightable. The idea/expression dichotomy seems
to be escaping some folks on this discussion. Simply calling it "a
recipe" does not end the analysis. As demonstrated by the two recipes
fro scrambled eggs, the entirety of the non-copyrightable recipe is
contained within the copyrightable one. There is no doubt that anyone
could copy the non-copyrightable elements from the copyrightable one
without infringing (just as one can copy non-copyrightable data out
of a copyrighted book without infringing). But both recipes are in
fact "recipes". The copyrighted one is simply expressed in a
copyrighted way, while the non-copyrightable one is just the bare
bones non-copyrightable elements.

John

On Oct 4, 2007, at 5:04 PM, Jeff Kazin wrote:

> 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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>>>>
>>> --
>>> John T. Mitchell
>>> http://interactionlaw.com
>>>
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>>
>>
>>
>
> --
> Jeff Kazin
> Library Assistant-Public Services
> Course Reserves and Coursepacks
> Ladd Library - Bates College
> 48 Campus Ave.
> Lewiston, ME 04240
> ph:  207-786-8284
> fax: 207-786-6055
> jkazin@xxxxxxxxx