Showing posts with label recipes. Show all posts
Showing posts with label recipes. Show all posts

Saturday, July 10, 2021

Recipe For Disaster?

Sharing favorite recipes is a great way for authors to reach new audiences, and ever so subtly to promote a book that perhaps mentions a particular dish.  Often, authors will get together to publish a multi-author recipe book, or blog series.

Can that get one into legal hot water?

That depends. A published recipe is generally fair game if treated as a list of facts... that is, the list of ingredients, and the sequential list of actions necessary to assemble, mix, and otherwise prepare those ingredients.

However, it would not be prudent to lift several consecutive recipes from the same publication. Just as a photographer can copyright a photograph because of the unique choices made by the photographer about light quality, angle, shadow, time of day, exposure, and other ephemeral elements, so the creator of an anthology of recipes makes unique and artistic choices about what to include and in what order.

One is asking for trouble if copying and publishing someone else's images of the ingredients or the dish. Much better to take ones own photographs (and copyright them in bulk). Try to use unique and original illustrations.

Unique and original words are always good to use in the description and specification of ingredients and in the instructions... assuming that the unique words are your own.  Perhaps avoid the appearance of a product endorsement of a trademarked kitchen implement, even if you do use a miniature hockey-stick/mashie (golf-club) hybrid to fold, lift and pummel your pastry.

Canadian law blogger Kiera Boyd  for Fasken offers some interesting "Takeaways" on whether or not recipes are protected by copyright in Canada, also insights into US case law. 
 
Katharine Stevens, partner at the UK law firm Bird & Bird LLP, discusses intellectual property rights in recipes and food (in the UK), with especially interesting analysis of trade secrets and patents for unique creations.
 
For the aptly-named Chip Law Group (pardon the pun) Pramod Chintalapoodi covers specific samples of food trade secrets, food patents, food trademarks, recipe copyrights in the USA and offers great tips for those who would write about other peoples' recipes.

The original is an AWS document.

Watching the movie Julie & Julia from a copyright enthusiast's perspective, it is not so hard to understand why Julia might not have been a fan of Julie.

All the best,
Rowena Cherry
 
PS. Publishing early owing to past and expected power cuts.

Sunday, November 25, 2018

Recipes For Disaster

Contrary to popular belief, a recipe can be copyrighted. The copyrightable part is not the factual list of ingredients, nor is it the information on the process of preparing those ingredients. No, it is the distinct, utterly original, expressive prose around the facts which the author uses to communicate the recipe with his own creativity and distinctive flair, and to describe the context of the recipe.

Authors exploit recipes. The recipe may be bonus material on a website or in a newsletter, or in a guest blog on a promotional blog tour. Recipes might be chapter headers. A murder mystery might hang on a recipe or two.  This author created a truly tasty and healthy recipe involving sardines, from a scene in "Forced Mate", and gave her gynecologist permission to share the recipe (with attribution) to patients who needed to be persuaded to eat more sardines.

The trick is to choose one's own words as carefully and creatively as one chooses the herbs and spices.

Legal blogger Paul D. Swanson writing for the law firm Lane Powell PC  on the Earth And Table Law Reporter blog explains in fascinating detail the potential problem of plagiarism and copyright infringement when one simply transcribes someone else's quirkily worded recipe.

https://www.lexology.com/library/detail.aspx?g=616c3194-d55b-4c53-a4ba-8ef64b57fe72&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2018-11-22&utm_term=

In this author's opinion, this article is a must-read!

In other gastronomical legal news, a Belgian court has ruled that the taste of a food (in this case something cheesy) cannot be copyrighted.

https://www.lexology.com/library/detail.aspx?g=3167895c-fb10-4859-b914-c9db2a947086&utm_source=Lexology+Daily+Newsfeed&

Legally blogging for CMS Belgium , authors Tom Heremans, Lisbeth Depypere, and Eleonore Coucke explain that the taste of cheese is not objective enough or long-lasting enough to merit copyright protection.

Hogan Lovells bloggers  Dr. Nils Rauer and Lea Kaase digest the same cheesy matter on the LimeGreen IP blog.

https://www.lexology.com/library/detail.aspx?g=1ead6a93-5050-427d-aa65-aa9d20f40300&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2018-11-22&utm_term=

Quite right. Different people have different distributions of taste buds. How something tastes may depend on what one ate or drank or gargled with prior to eating the cheese spread in question.

All the best,

Rowena Cherry

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