Are Recipes Protected by Copyright?

["Lindsey, S Marc" <lindseym@xxxxxxx>]

This is an interesting dialogue.  I think nearly all recipes are
protected. Any "spark" of creativity beyond a simple list of ingredients
would qualify a recipe for protection. I would think by definition, a
recipe must instruct you how to mix, cook or otherwise prepare the dish
by some sort of narrative. It is the narrative that provides the
requisite spark of creativity that engages copyright. The copyright
statue requires a work to be fixed in a tangible medium and that it be
original. 17 USC Section 102(a).  The U.S. Supreme Court requires the
work to have just a spark of creativity. How creative must it be?

	[T]he requisite level of creativity is extremely low; even a
slight amount will suffice. The vast majority of works make the grade
quite easily, as they possess some creative spark, no matter how crude,
humble, or obvious it might be.


Feist Publications, Inc. vs. Rural Telephone Service Co., 499 U.S. 340
(1991).

The amount of creativity is ambiguous and negligible. It makes sense if
you think about it. Otherwise we have the travesty of lawyers and judges
in the position of judging art.  Consider the three elements of
copyright.  Fixed tangible medium, originality, slightest creativity.
What about a snowman or a sand castle? All elements are present, at
least until the snow melts and the tide washes the castle away. While
they are standing in a fixed tangible medium, they are - I think -
protected by copyright.

Marc Lindsey
Copyright Specialist
Washington State University