SC - Sharing Recipes (was Re: saffron)

[Korrin S DaArdain]

On Wed, 5 Apr 2000 08:25:50 EDT Mordonna22 at aol.com writes:
>In a message dated 4/4/2000 10:57:35 PM US Mountain Standard Time,
korrin.daardain at juno.com writes:
><< 
> Have you heard the following:
> "Sorry, I can't give you a copy of my several hundred recipes because
> so-n-so has them in their medievial collection and they are 
>copyrighted!"
>  >>
>
>If you are talking about the works of His Grace Duke Sir Cariadoc of 
>the Bow, (Dr. David Friedman) he has also graciously given permission
for his 
>works to be reproduced for any SCA use, if I remember correctly.  You
can check 
>it out for yourself at  Cariadoc's Miscellany
(www.pbm.com/~lindahl/cariadoc/miscellany.html)
>
>Mordonna the Cook,
>SunDragon's Western Reaches
>Atenveldt
>(m.k.a. Buckeye, AZ)

	First of all I do not want to start the third flame war over
copyrights.
	I have studied and know the copyright laws of the U.S.A. and they
are clear that: 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.
	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.

	I have 1,219 recipes in my collection, it spans 232 pages
including a 9 page index. Of that, 828 of them are documented as being
"Period" for SCA use, AND of those "Period" recipes, around 200 of them
are form Cariadoc's online Miscellany. 
	Because I have Cariadoc's Miscellany in my collection, that
portion of my collection is subject to Cariadoc's conditions for
reproduction:
	1. The material should be accompanied by a credit line giving the
source, the author, and crediting the original source (given in each
recipe) if any.
	2. Any recipe that is quoted must be quoted in full, with no
changes, deletions, or additions.
	3. If you are making more than 500 copies, you must first get
permission from the author.

	As it stands right now I might get permission from His Grace Duke
Sir Cariadoc of the Bow to do reproductions of his Miscellany. However,
the other 628 some odd recipes belong to others that I would have to
contact for permission to do any sort of printing.
	Some might argue that because each recipe has been redacted it
falls under the "original works of authorship" section because the author
produced the work by his own intellectual effort in the redaction
process. Many on this list will agree that they will not want their
efforts stolen and sold for the benefit of people with fewer scruples
than most.

	In short, I have a large collection that will never see mass
production because many portions are copyrighted. I have given 5 copies
to people in the SCA that I know. All printing has been at my expense. If
I sell copies at cost I will be subject to possible lawsuits. No thanks.

Korrin S. DaArdain
Kingdom of An Tir in the Society for Creative Anachronism.
Korrin.DaArdain at Juno.com
Quondo Omni Flunkus Mortati
(When All Else Fails, Play Dead.)

________________________________________________________________
YOU'RE PAYING TOO MUCH FOR THE INTERNET!
Juno now offers FREE Internet Access!
Try it today - there's no risk!  For your FREE software, visit:
http://dl.www.juno.com/get/tagj.