[Sca-librarians] copyright on recipe

[FV/Rafaella]

I'll swing at this one...

Technically yes (a reprint invokes a new copyright), but a fair use case can be made:
1. for "face-to-face teaching" (ie, non-profit education) 
2. the new author is not using any intellectual "effort" from the author of the new work (because the new author didn't create the old words) 
3. the new author is using a very small portion of the whole work
4. the new author is not infringing on the previous author's ability to make money from her effort.

Ideally we'd all get our recipes from primary sources but sometimes that's just not possible.

The new author's redaction is copyrighted to her.

Insert appropriate caveats of "not a lawyer, just a copyright weenie at work"... :-)

I took an a seminar from Laura "Lolly" Gassaway a couple of years ago. She's a copyright goddess:
http://www.unc.edu/~unclng/web-pages.htm

Rafaella d'Allemtejo
mka Friday Valentine, Serials & Metadata Librarian, OHSU, Portland, OR

--- On Fri, 9/5/08, kalamarre at roadrunner.com <kalamarre at roadrunner.com> wrote:

> From: kalamarre at roadrunner.com <kalamarre at roadrunner.com>
> Subject: [Sca-librarians] copyright on recipe
> To: sca-librarians at lists.gallowglass.org
> Date: Friday, September 5, 2008, 11:38 AM
> I have a question about copyright on an old recipe.  A
> friend of mine is
> redacting a recipe for an a&s display and handout at a
> local demo.  She
> wants to include the original recipe with all the old words
> and
> descriptions along with her redaction of it.  She found the
> recipe text in
> a modern book and while the words are the original medieval
> words, she is
> wondering if she would violate the copyrights to the modern
> book.  Does she
> have to get permission from the author of the modern book
> to use the old
> recipe?  
> 
> Thanks!
> 
> Elena
> 
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