SC - Recipes vs. Copyrights

Korrin S DaArdain korrin.daardain at juno.com
Tue Feb 17 23:28:01 PST 1998


M'lords and M'ladys,
	Well, having hit the hornets nest with the stick in the first
place. I had a friend assist me in finding the following information. I
hope this will assist anyone who is compiling a collection.
	Ras, (and anyone else), I have no way of contacting the person
that I talked to at the event to inform him of anything. He told me his
SCA name, but for the life of me I can't remember it. I think that had he
known the law he might not have destroyed his collection.

Korrin S. DaArdain
Dodging trees in the Kingdom of An Tir.
Korrin.DaArdain at Juno.com

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	From The U. S. Copyright Office, a department of the Library of
Congress, located at 101 Independence Avenue, S. E., in Washington, DC.
Mailing address is: Copyright Office, Library of Congress, Washington, DC
20559-6000. World Wide Web URL: (http://lcweb.loc.gov/copyright). Gopher:
(marvel.loc.gov). Telnet: (marvel.loc.gov and login as marvel)

What Is Not Protected By Copyright
	Ideas, Methods, or Systems are not subject to copyright
protection. Copyright protection, therefore, is not available for: ideas
or procedures for doing, making, or building things; scientific or
technical methods or discoveries; business operations or procedures;
mathematical principles; formulas, algorithms; or any other concept,
process, or method of operation.	Section 102 of the copyright law,
title 17, United States Code, clearly expresses this principle:  "In no
case does copyright protection for an original work of authorship extend
to any idea, procedure, process, system, method of operation, concept,
principle, or discovery, regardless of the form in which it is described,
explained, illustrated, or embodied in such work."
	Mere listings of ingredients as in recipes, formulas, compounds
or prescriptions are not subject to copyright protection.  However, where
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.	Protection under the copyright law (Title 17 of the
United States Code, Section 102) extends only to "original works of
authorship" that are fixed in a tangible form (a copy). "Original" means
merely that the author produced the work by his own intellectual effort,
as distinguished from copying a preexisting work. Copyright protection
may extend to a description, explanation, or illustration, assuming that
the requirements of the copyright law are met.


Title 17 § 102. Subject matter of copyright: In general
(a) Copyright protection subsists, in accordance with this title, in
original works of authorship fixed in any tangible medium of expression,
now known or later developed, from which they can be perceived,
reproduced, or otherwise communicated, either directly or with the aid of
a machine or device.
	Works of authorship include the following categories:
	(1) literary works;
	(2) musical works, including any accompanying words;
	(3) dramatic works, including any accompanying music;
	(4) pantomimes and choreographic works;
	(5) pictorial, graphic, and sculptural works;
	(6) motion pictures and other audiovisual works;
	(7) sound recordings; and
	(8) architectural works.*	
(b) In no case does copyright protection for an original work of
authorship extend to any idea,
procedure, process, system, method of operation, concept, principle, or
discovery, regardless of
the form in which it is described, explained, illustrated, or embodied in
such work.
	* Section 102(a) was amended by the Architectural Works Copyright
Protection Act, Pub. L. 101-650, 104 Stat. 5089, 5133, which added at the
end thereof paragraph.

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