Copyright and posting recipes

Copyright and posting recipes

• julesong 16 years ago
  From the US Copyright Office, regarding recipes:
  (http://www.copyright.gov/fls/fl122.html)
  
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  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.
  
  Protection under the copyright law (title 17 of the United States Code, section 102) extends only to “original works of authorship” that are fixed in a tangible form (a copy). “Original” means merely that the author produced the work by his own intellectual effort, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met.
  
  To register the directions or instructions of a recipe or cookbook, send the following three elements in the same envelope or package to the Library of Congress, Copyright Office, 101 Independence Avenue SE, Washington, DC 20559-6000.
  
  1. A completed application Form TX;
  2. A nonrefundable filing fee (Current Fees)
  3. A nonreturnable deposit of the work. The deposit requirements depend on whether the work has been published at the time of registration:
  
  * If the work is unpublished, one complete copy.
  * If the work was first published in the United States on or after January 1, 1978, two complete copies of the best edition.
  * If the work was first published in the United States before January 1, 1978, two complete copies as first published.
  * If the work was first published outside the United States, one complete copy of the work as first published.
  * If the work is a contribution to a collective work, and published after January 1, 1978, one complete copy of the best edition of the collective work or a photocopy of the contribution itself as it was published in the collective work.
  
  Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form. Copyright protection does not extend to names, titles, short phrases, ideas, systems, or methods.
  
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• julesong 16 years ago said:
  It's very simple to post your favorite recipes without violating copyright.
  
  The ingredients themselves are no problem. All you have to do is write the description in your own words. Then rewrite the directions in your own words, as well - besides, there are almost always things we want to say about how we prepared the item, ourselves, that we want add in, yes? And although titles are not copyright protected, you might as well go ahead and re-title the recipe to something you like better. Names of companies (Kentucky Fried Chicken, Red Lobster, Starbuck's, etc) are best avoided in titles (see the information from the Copyright Office).
  
  Once those things are done - and they're so simple to do - you're not going to violate copyright by posting the recipe.
  
  One last thing... credit where the recipe came from, if you know. Use something such as "this recipe adapted from" and so on. If you don't know where it's from (as in the unknown newspaper or magazine clipping), but you've rewritten the recipe description, directions, and title... no violation.
  
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• flavorsofitaly 16 years ago said:
  This is some great information, Jules! I very rarely prepare a recipe exactly by the directions, (I always think I can do better, lol) but I've wondered if my variations really make it my own. You've answered that question quite well - thanks!
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• julesong 16 years ago said:
  You're more than welcome. :)
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