Why no copyright? But cookbooks are copyrighted. What is the history on this? How do you differentiate a cookbook from a collection of recipes? Calling SheilaAnn.
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Here are a couple of sites answering the question:
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We think there’s at least one person here who knows a thing or two about cookbooks and recipes.
Big picture, the reason recipes aren’t copyrightable is why many writers add all the extra story fluff to the blog posts and cookbooks. They can copyright all that surrounding text that’s usually more interesting to read that explains the why and what of the recipe. Add the personality.Comment
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yakima I appreciate you calling me out on this. But I am truly perplexed. I agree with WillTravelForFood in that there may be a person or two here who knows better.
while I believe general recipes cannot be copyrighted, I believe products can. Think Tabasco sauce. It’s chiles and vinegar in its simplest form. But that is a product, not a simple recipe like scrambled eggs. And the more I read this, is Tabasco copyrighted or trademarked?
WillTravelForFood if what you say is true about the story, etc, then all of serious eats or ATK, etc are all copyrighted? That said, maybe I am shooting my mouth off before I truly understand the definition of copyright.Comment
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Tabasco is a trademark.
You can get a method patent for a novel technique. One of my favorite examples is McD's patented "Method for Making A Sandwich"
I believe that WillTravelForFood is correct that while the recipe itself isn't protected by copyright, all the fluff and rambling is.
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WillTravelForFood if what you say is true about the story, etc, then all of serious eats or ATK, etc are all copyrighted? .
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Yes, we believe almost all of Serious Eats content (and AR here) is protected by copyright. . except the recipes themselves.
You can't copyright a list of ingredients, there is nothing proprietary about that. Imagine how many recipes wouldn't exist with a copyright on "one egg, 1 cup flour" or "mix the egg with the flour"
That being said, there CAN be legal enforcement on a recipe if the recipe requires a specific trademarked ingredient. The DARK N STORMY cocktail is one example.
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To be clear - the recipe isn't trademarked but the name Dark N Stormy is. So if you can't call it a Dark N Stormy without using Goslings Rum but you certainly can sell a rum and ginger beer using any type of rum or write a recipe as such but don't try to call it a Dark N Stormy.
It is like trying to sell a double decker burger with a middle bun as a Big Mac.
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Generally a recipe is considered a process for creating some edible product, and not a creative expression of the sort copyright law is designed to protect.
From federal copyright law:
102. Subject matter of copyright: In general28
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works.
(b) 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.
A recipe is not a "literary work" according to the typical use of that term, nor does it fit within any of the other categories.Comment
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What if the title of the recipe contains a trademarked name, like "Olive Garden Salad Dressing," or "Red Lobster Cheddar Biscuits?" I had been under the assumption that that was the reason similar recipes are titled "Copycat..", to get around the trademark? Would that just mean the title is protected, but not the recipe itself? Makes sense to me, but thought I would ask. -
Generally speaking, if it's a process, a patent rather then a copyright might be the place to look for legal protection? However, it is probably a lot more difficult to prove up the uniqueness of a process, particularly with a widely engaged-in activity like cooking.Last edited by Murdy; March 30, 2023, 09:58 AM.
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acorgihouse - the term "copycat" is probably used to avoid a suggestion that the posted recipe is the OFFICIAL one from the company.
For example, there are plenty of copycat recipes online for Chipotle's salad dressing. But Chipotle has posted their official recipe. The former would be copycats, the latter would definitely not be. But the former could certainly suggest "inspired by" or similar in the phrasing.Comment
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There is probably a law review article somewhere that pins this down. But it is refreshing to share confusion with you good folks!Comment
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Complicated stuff. Cookbooks can be copyright protected as a whole, and the text portion of a recipe, called the "headnote" and the "instructions." can be protected if they are original. But the actual recipe/list of ingredients cannot, as the links above explain.Comment
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From the US Copyright office:
A mere listing of ingredients is not protected under copyright law. 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 collection of recipes as in a cookbook, there may be a basis for copyright protection.
The key word in that description is likely "substantial". such as accompanying photos, or what Meathead does so well with the in-depth hows-and-whys for each step.
Further:
An author writes a book explaining a new system for food processing. The copyright in the book prevents others from copying or distributing the text and illustrations describing the author’s system as expressed in the book, but it does not give the author the right to prevent others from employing the system or from using any procedures, processes, or methods described in the book.
A recipe is a statement of the ingredients and procedure required for making a dish of food. A mere listing of ingredients or contents, or a simple set of directions, is uncopyrightable. As a result, the Office cannot register recipes consisting of a set of ingredients and a process for preparing a dish. In contrast, a recipe that creatively explains or depicts how or why to perform a particular activity may be copyrightable. A registration for a recipe may cover the written description or explanation of a process that appears in the work, as well as any photographs or illustrations that are owned by the applicant. However, the registration will not cover the list of ingredients that appear in each recipe, the underlying process for making the dish, or the resulting dish itself. The registration will also not cover the activities described in the work that are procedures, processes, or methods of operation, which are not subject to copyright protection.
source: https://www.copyright.gov/circs/circ33.pdfComment
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If they could be then there'd be lawsuits over putting cream in your coffee and naming it after yourself. Then suing your local diner for calling it Local Diner coffee w/ creamer. Apply that bigger & broader and you can see the trouble.Comment
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