richard-in-cincy
Well-known member
sorry, someone emailed me and said there might be some problems with copyright infringement and I deleted it.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Penzeys Spice Blends--a cheat sheet
- Thread starter richard-in-cincy
- Start date
marsha-tbay
Well-known member
It's always been my understanding that it's only when you are trying to profit from something, then
it is copyright. It is my understanding that when you put a $ figure to it to sell the list then it's copyright. I am no authority. This is what I've seen in quilting groups' discussion
it is copyright. It is my understanding that when you put a $ figure to it to sell the list then it's copyright. I am no authority. This is what I've seen in quilting groups' discussion
A list of ingredients can't be copyrighted, I know that much.
"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."
From the US Copyright Office
http://www.copyright.gov/fls/fl122.html
"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."
From the US Copyright Office
http://www.copyright.gov/fls/fl122.html
Also interesting. I ran into a recipe for Red Velvet Cake on the internet, contributed by a chef who
stated adamantly (or as adamantly as one can on the internet) that 'his' recipe was copyrighted. Certainly, this is one that I first made 40 years ago, when, no doubt, he had not been born. And I got the recipe from a woman who had been making it for 15 years. (I've been baking since I was a year old)
I suppose then, one could get into slight nuances of process in an attempt to articulate a recipe as one's own, but I can't imagine that being too successful in most cases. BUt this cake recipe was exactly the same.
stated adamantly (or as adamantly as one can on the internet) that 'his' recipe was copyrighted. Certainly, this is one that I first made 40 years ago, when, no doubt, he had not been born. And I got the recipe from a woman who had been making it for 15 years. (I've been baking since I was a year old)
I suppose then, one could get into slight nuances of process in an attempt to articulate a recipe as one's own, but I can't imagine that being too successful in most cases. BUt this cake recipe was exactly the same.
marsha-tbay
Well-known member
Haze Indeed! A better definition...selling the list for $, esp not giving proper credit to author
Several years ago, one of the "BIG GUYS" online threatened to sue me for $150,000
(and no, it wasn't Epi) because my Christmas cookie website had the same recipe that their cookie section did. They said it was "theirs" and that I was infringing on their copyright and that I must remove the recipe at once or they'd sue me for big bucks.
While this was alarming, I let them know that I knew about copyright law and the stance on recipes. If that weren't enough, I had the original source of the recipe (a 1960's out-of-print cookbook) and scanned the page and sent it to them and told them, even assuming you could copyright a recipe, how can you claim it's yours when it looks to me like it's from Better Homes and Gardens. Should BHG sue us both?
They told me I "seemed well informed" and that in light of the information I provided them it seemed appropriate to drop the issue.
The thing is, they knew very well that recipes can't be copyrighted, but they were counting on the "little guy" not knowing and employing bullying scare tactics to eliminate the competition.
Didn't work. ;o)
I have since become much more conscientious about mentioning my sources. I originally made the site for myself and my family and didn't think another soul would ever see it, so I never bothered to write down stuff like that (this was back in the prehistoric age - 1995). When the site got big enough to attract the attention of the "big guy" mentioned above, I realized I had to be more professional about it.
Now I only add recipes submitted by users and it's rare that I get one worth adding to the site.
(and no, it wasn't Epi) because my Christmas cookie website had the same recipe that their cookie section did. They said it was "theirs" and that I was infringing on their copyright and that I must remove the recipe at once or they'd sue me for big bucks.
While this was alarming, I let them know that I knew about copyright law and the stance on recipes. If that weren't enough, I had the original source of the recipe (a 1960's out-of-print cookbook) and scanned the page and sent it to them and told them, even assuming you could copyright a recipe, how can you claim it's yours when it looks to me like it's from Better Homes and Gardens. Should BHG sue us both?
They told me I "seemed well informed" and that in light of the information I provided them it seemed appropriate to drop the issue.
The thing is, they knew very well that recipes can't be copyrighted, but they were counting on the "little guy" not knowing and employing bullying scare tactics to eliminate the competition.
Didn't work. ;o)
I have since become much more conscientious about mentioning my sources. I originally made the site for myself and my family and didn't think another soul would ever see it, so I never bothered to write down stuff like that (this was back in the prehistoric age - 1995). When the site got big enough to attract the attention of the "big guy" mentioned above, I realized I had to be more professional about it.
Now I only add recipes submitted by users and it's rare that I get one worth adding to the site.
1995 was indeed way back, wasn't it? I can remember taking my company to the internet against the
'better' judgement of my management team and just knowing that the internet would be the mode of business in the future. That was 1997.
Sure enough, in that business you can't survive now, otherwise.
How we have advanced---maybe.
'better' judgement of my management team and just knowing that the internet would be the mode of business in the future. That was 1997.
Sure enough, in that business you can't survive now, otherwise.
How we have advanced---maybe.