SC - Almond Cookies

Meliora & Drake meliora at macquarie.matra.com.au
Tue Feb 17 03:15:30 PST 1998


At 1:57 AM -0500 2/17/98, Korrin S DaArdain wrote:
>M'lord,
>	I agree.
>	Based on my recent dismay at talking to a SCA member this past
>weekend that said he was on this list and wanted to publish a collection
>of two to three hundred recipes and sell them at events for the education
>of the population of the SCA. But he couldn't because, according to him,
>all recipes are copyrighted by the person that posts them and when he
>contacted someone on the list for permission to use the copies, he was
>told in no uncertain terms that he would effectively have his rear end
>sued off if he did. And that even possession of them was a violation of
>the copyright laws.
>	He said he destroyed everything he had, quit the list, and was
>ejected from his household for destroying the collection that many of his
>friends wanted. He is thinking of leaving the SCA permanently. And, no,
>he refused to say who on the list he had talked to.

My guess is that he corresponded with me, and that what you report is an
exaggerated and distorted version of what I told him--which was that
published recipes are covered by copyright, and while I had no objection to
his using mine (the Miscellany includes a pretty broad blanket permission
at the beginning) and thought it unlikely anyone would bother to sue him if
he used theirs, using other peoples published recipes without their
permission is arguably a violation of copyright (arguably because fair use
in copyright law is very vaguely defined).


David Friedman
Professor of Law
Santa Clara University
ddfr at best.com
http://www.best.com/~ddfr/


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