SC - A sore subject.

LYN M PARKINSON allilyn at juno.com
Wed Jul 1 11:19:08 PDT 1998


Oh, dear.  I see multiple swayings of the "Yes, you can" vs. the "No, you
can't."


>>	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.<<  


Interpretation:  one of us posts a redaction we've worked out on the
list:  It is not copyrighted.
                       one of us posts a recipe from a cookbook on the
list:  It is  copyrighted.


>>Works of authorship include the following categories:<<  and
>>(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.<<


Interpretation: the translations of cookbooks, as the ones in Duke Sir
Cariadoc's volumes, Alia Atlas' work on _Guoter Spises_ , my
translations--although not yet published--and Valoise's book are not
copyright.  Given the amount of creative work necessary, this does not
seem right, does it?  And what about Susan's reprints?


>> the reproduction of a particular work may be considered "fair," such
as criticism, comment, news reporting, teaching, scholarship, and
research. <<  and
>> the factors to be considered shall include --
 		(1) the purpose and character of the use, including
whether such use is of a commercial nature or is for nonprofit
educational purposes;<<


Interpretation:  We can give a recipe or two for use in SCA feasts or
guild experiments,



>>(4) the effect of the use upon the potential market for or value of the
copyrighted work.<<



Interpretation:  If we give people the recipes when they ask, they won't
need to buy the books, thus reducing the authors' royalties 



I'd like to hear from some of the authors on the list.
Regards,

Allison

allilyn at juno.com

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