SC - Sharing Recipes (was Re: saffron)

LrdRas at aol.com LrdRas at aol.com
Thu Apr 6 16:09:57 PDT 2000


In a message dated 4/6/00 2:30:59 AM Eastern Daylight Time, 
korrin.daardain at juno.com writes:

<< 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. >>

Many do. However, I am on several mundane recipe lists and am working with 
Llewelyn Press attorneys to produce a line of 'instant' packets containing 
recipes from the most popular 'New Age/Pagan' books. Their lawyers assure me 
that single recipes are not covered by the protections of copyright law 
merely because their commercial worth is limited to around 5 dollars each. 
Therefore they note that the authors they represent do not have a problem 
with including the recipe in each kit.

However, large portions of a given work are covered although the lawyers on 
the mundane lists say that posting the recipes alone from an entire 
manuscript to a list is not infringement because recipes are considered 
'formulas' and one only needs to change the description of the formula in a 
minor way to avoid ethical problems if the poster is so inclined. However, 
that is NOT necessary with formula. Oftentimes entire sets of recipes from 
any given publication are posted to these lists without infringing anyone's 
copyright. 

Another key phrase is 'educational' use.  Individual copying of a work for 
educational purposes is permitted under the law. This is why there are 
copying machines in libraries.

I think in the SCA context, authors must realize the more widely portions of 
their work are distributed the more likely they will sell a complete volume. 
Also they should be willing to teach their art whatever it takes. In a class 
situation at Scholas and other SCA events it is inappropriate to charge 
attendees for your book. Charging the actual costs of printing or for 
materials is not out of line, however.

Anyway, recipes although they can be copyrighted are actually formula and 
suing over such copying is not financially feasible and such cases are 
usually dismissed without review.

This discussion has occurred many times and there is really no meeting ground 
between those who feel the copyright laws are all inclusive and those who see 
them as pertaining to commercial gain. Personally, I copy what I want for my 
own education and freely share my own work with others. When I eventually 
publish my own original work, I am sure others will buy it and I welcome 
those who do not to copy any of it as they see fit. Making a living off the 
members of the SCA is not an option that I would want to take.

Ras


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