SC - Copyright from the Copyright Lawyer

[Michael Newton]

- ----- Original Message -----
From: "Morgan Cain" <morgancain at earthlink.net>
To: <sca-cooks at ansteorra.org>
Sent: Sunday, November 12, 2000 3:14 PM
Subject: SC - Copyright from the Copyright Lawyer


.
>
> Hi, y'all.  I am a copyright (and related areas of law) lawyer by
> profession.  I am the one who wrote the two-part article on Copyright Law
> and the SCA that appeared in TI last year, and who travels to major Wars
and
> other events (Collegia, Ithras, etc.) talking about how copyright law
> applies in the SCA.  As I recall (I am currently on a five-city,
two-country
> tour) recipes were addressed in Part 2 of the article.  I am also a
skilled
> cook, both modernly and in SCA terms, having headed and supported quite a
> number of feasts over the years.  Further resume and alphabet soup
available
> to those who demand it.
>
> Credentials over, I give you think on the subject (and note, it is almost
> exactly the same for Canada and other Commonwealth countries as it is for
> the USA; cross-referencing upon request):
>
> 1)  Things are protected by copyright law as soon as they are produced in
"a
> tangible medium of expression."  This means, as soon as they are put into
a
> form that others can read, listen to, or otherwise review on their own
time.
> If you talk, it is not protected by copyright.  If someone tapes your
words,
> or transcribes them, the tape or transcription is.
>
> 2)  THIS INCLUDES RECIPES.
>
> 3)  As a rule, the term of copyright is life-plus-75 years if the thing is
> created by and the copyright held by an individual; 125 years if created
for
> a corporation and the agreement says the corporation owns the copyright.
> (This was recently increased from life-plus-50 and 100 years).  So, as a
> rule of thumb, anything published after 1923 should be considered to be
> protected by copyright unless you have proof to the contrary.
>
> 4)  THIS INCLUDES RECIPES.
>
> 5)  Note that for much of our cooking, the original recipe will not be
> protected by copyright because they predate 1923.  Just be careful that
you
> are using the original text and not a translation of some kind, which
would
> be protected.
>
> 6)  Certain very basic things cannot in and of themselves be protected.
For
> example, a basic chocolate cake recipe will not be protected.  But that
> recipe as part of a collection in a book called "Great Cakes" will be
> protected as part of the collection, and proper attribution MUST be given
> when reproducing that recipe.  Also, if the reproduction is for financial
> gain, you should probably get written permission.
>
> 7)  Certain other exceptions exist, including for comment or review, and
for
> educational purposes.  Thus, if you were using the above-mentioned
chocolate
> cake recipe to discuss with a class the differences in taste and texture
> among various recipes -- why one might be drier, lighter, denser, etc. --
> then you can use the recipe WITH ATTRIBUTION but without having to get
> written permission first.  Or, if you are writing a review of the book,
and
> include a sample recipe (the theory being that people will be enticed to
buy
> the book to get the rest of the recipes).
>     NOTE:  There is an exception to the exception: you cannot do this if
you
> will be quoting the key item in the book.  The idea is to encourage
> purchases, but if the quoted material is a spoiler and will prevent people
> from buying the book, you are not allowed to use it without prior written
> permission.
>
>
> HG Cariadoc's summary was fairly correct.
>
> I disagree with a point about what Ras said, no matter his origin of the
> information.  While a basic recipe may be a formula, this does not in and
of
> itself make the recipe uncopyrightable.  The written words of the recipe
are
> technically protected, and the more original the recipe and attendant
> writing, the more likely it is to be protected on its own.  Note that most
> recipes are indeed protected as part of a collection and not individually.
> But a recipe that include the original, a discussion of how the modern
> version was achieved, and the modern version itself, would be protectible
as
> a whole.
>
> A basic recipe for chocolate cake, as I said, would probably fall into the
> class of recipes cited by the attorney at Llewellyn Press whom Ras cited.
> (Given that they make their living from publications, it is no wonder they
> would claim that things are less protectible since their client's works
are
> most likely to be questioned.)  However, the kind of redacting done by
most
> SCA cooks is different and would more likely be protectible as original
> words of authorship.  I have not tested this theory, but neither have I
seen
> information strongly to the contrary.
>
>                                         ----= Morgan
>
>
> ===================================================
> "We are shaped and fashioned by what we love." Goethe
>
>
>
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