SC - A sore subject.

[Korrin S DaArdain]

Seeing as something is about to rear its ugly head again. Let's look at
the law first.

Korrin S. DaArdain
Kingdom of An Tir.
Korrin.DaArdain at Juno.com

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	Recipes vs. Copyrights.
	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).
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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.
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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 (8).
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Fair Use
	One of the rights accorded to the owner of copyright is the right
to reproduce or to authorize others to reproduce the work in copies or
phonorecords. This right is subject to certain limitations found in
sections 107 through 120 of the copyright act(title 17, U.S. Code). One
of the more important limitations is the doctrine of "fair use." Although
fair use was not mentioned in the previous copyright law, the doctrine
has developed through a substantial number of court decisions over the
years. This doctrine has been codified in section 107 of the copyright
law.
	Section 107 contains a list of the various purposes for which the
reproduction of a particular work may be considered "fair," such
as criticism, comment, news reporting, teaching, scholarship, and
research. Section 107 also sets out four factors to be considered in
determining whether or not a particular use is fair:
		(1) the purpose and character of the use, including
whether such use is of commercial nature or is for nonprofit educational
purposes;
		(2) the nature of the copyrighted work;
 		(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
 		(4) the effect of the use upon the potential market for
or value of the copyrighted work.
	The distinction between "fair use" and infringement may be
unclear and not easily defined. There is no specific number of words,
lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute
for obtaining permission.
	The 1961 _Report of the Register of Copyrights on the General
Revision of the U.S. Copyright Law_ cites examples of activities that
courts have regarded as fair use: "quotation of excerpts in a review or
criticism for purposes of illustration or comment; quotation of short
passages in a scholarly or technical work, for illustration or
clarification of the author's observations; use in a parody of some of
the content of the work parodied; summary of an address or article, with
brief quotations, in a news report; reproduction by a library of a
portion of a work to replace part of a damaged copy; reproduction by a
teacher or student of a small part of a work to illustrate a lesson;
reproduction of a work in legislative or judicial proceedings or reports;
incidental and fortuitous reproduction, in a newsreel or broadcast, of a
work located in the scene of an event being reported."
	Copyright protects the particular way an author has expressed
himself; it does not extend to any ideas, systems, or factual information
conveyed in the work.
	The safest course is always to get permission from the copyright
owner before using copyrighted material. The Copyright Office cannot give
this permission.
	When it is impracticable to obtain permission, use of copyrighted
material should be avoided unless the doctrine of "fair use" would
clearly apply to the situation. The Copyright Office can neither
determine if a certain use may be considered "fair" nor advise on
possible copyright violations. If there is any doubt, it in advisable to
consult an attorney.
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	Title 17 § 107. Limitations on exclusive rights: Fair use*
	Not withstanding the provisions of sections 106 and 106A, the
fair use of a copyrighted work, including such use by reproduction in
copies or phonorecords or by any other means specified by that section,
for purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or research,
is not an infringement of copyright. In determining whether the use made
of a work in any particular case is a fair use 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;
 		(2) the nature of the copyrighted work;
 		(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
 		(4) the effect of the use upon the potential market for
or value of the copyrighted work.
 	The fact that a work is unpublished shall not itself bar a
finding of fair use if such finding is made upon consideration of all the
above factors.
 	* Section 107 was amended by the Visual Artists Rights Act of
1990, Pub. L. 101-650, 104 Stat. 5089, 5128, 5132, which struck out
"section 106" and inserted in lieu thereof "sections 106 and 106A".
Section 107 was also amended by the Act of Oct. 24, 1992, Pub. L.
102-492, 106 Stat. 3145, which added the last sentence.

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