[Sca-librarians] Recipes & Public Domain
Solveig Throndardottir
nostrand at acm.org
Wed Sep 10 13:47:57 CDT 2008
Noble Librarians!
Greetings from Solveig! The copyright status of recipes is discussed
in several sections of The Public Domain by Attorney Stephen Fishman
ISBN: 0873374339.
In particular, on page 1/9 we find a reference to Puglications Int'l
Ltd. v. Meredith Corp., 88 F. 3d 473 (7th Cir, 1996) in which a
cookbook publisher sued for copyright infringement over republication
of several yogurt recipes by the defendant. The plaintiff ultimately
lost.
from p. 2/6 "For example, a mere listing of ingredients or contents,
such as in a recipe, is considered to be completely lacking in
creativity and cannot be protected by copyright (but explanatory
material or other original expression in a recipe or other list can
be protected)."
from p. 3/26 "A mere listing of ingredients for a recipe is not
copyrightable. However, if a cookbook author spices up his or her
recipes with explanatory material, such material is protectable. One
court has suggested that this could include advice on wines to with
the meal, hints on place settings and appropriate music or tales of a
recipe's historical or ethnic origin."
Your Humble Servant
Solveig Throndardottir
Amateur Scholar
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