[Sca-librarians] copyright on recipe

[Johnna Holloway]

This is not quite true. The text of a recipe is original work
and that can be copyrighted.
"when 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."
http://www.copyright.gov/fls/fl122.html
The question in this case is whether or not the documentation and recipe 
are going to be published.
If not, then gather up the docs at the end of the contest and be done 
with it.

If the work is going to be published, then there are more questions. 
Especially
if the recipe being redacted is from a copyrighted book and there is no 
other source
for the recipe. But I explained all this in a long post already to the 
original questioner.
I presume she has her answer as she hasn't been back.

(The SCA at the corporate level by the way is tightening up restrictions 
on recipes and requiring authors to get permission
in order to have a recipe published. TI authors are already aware of this.)


Johnnae


Solveig Throndardottir wrote:
> Noble Cousins!
>
> Greetings from Solveig! According to the copyright manuals that I 
> have, recipes can not be copyrighted. Assuming that this is accurate, 
> the only claim that the copyright owner of the book you are using 
> might be able to assert is over any photographic reproduction of an 
> aold cookbook which they used or possibly the typography of their book 
> assuming that the have reset the type. According to several books on 
> copyright, the only time that photographic reproduction of two 
> dimensional media was litigated, the assertion of copyright ownership 
> over the copied images was refuted. However, the case was tried 
> somewhere in New York, and was not appealed to a higher court. 
> Consequently, the case-law has not yet been determined for the entire 
> country. Most scholarly societies, and if I recall correctly, the 
> University of Chicago Press are opposed to granting copyright 
> protection to copies made of works such old books, paintings, &c.
>
> Your Humble Servant
> Solveig Throndardottir
> Amateur Scholar