SC - soups with a grain in it

[Philip & Susan Troy]

>What are the legal ramifications, if any, of using recipes found on this
>list, or in the Miscellany, to prepare food for a non-SCA, paid cooking
>job?  Is it ok to do it at all?  What if someone asks for the recipe?
>
>Any advice would be greatly appreciated.
>
>Juana Teresa de Salamanca
>(mka Joan Garner)
>garner at admin.hnc.edu

If you published a verbatim or near verbatim copy of a copyrighted
recipe, you would be violating copyright.  In general, copyright
protects the expression of an idea, but not the idea itself.  In the
case of original research (such as some of the recipes in this list or
the recipes in the Miscellany, copyright may be more protective than
normal, but that would be decided by the court.

As a rule of thumb, when asked for copyrighted recipes, I would direct
the requester to the source.  I made an exception in this list a few
days ago with a recipe for cooked lettuce from Herter's Bull Cookbook,
because to my knowledge the book is not readily available.  I did not
copy the recipe from the book, but rewrote it and added my comments.  My
opinion is this was fair usage, but that is a point which would be
settled in court if my use of the recipe is challenged.

As for using the recipes, the presumption is that if they are published,
they are available for use.  The exception to this is, if a recipe is a
trade secret, you can not use it other than as a licensee and in the
manner directed by the license.  Of course, trade secrets are not openly
published.  

I would also be careful about advertising that I was using a specific
recipe.  While using the recipe is probably legal, using another
person's name, business name or trademark without their express
permission is a legal can of worms.

Bear


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