SC - Trenchers Oh my!

[Decker, Terry D.]

1. The original text of a period recipe is clearly not covered by 
copyright law, since such recipes were written before copyright law 
existed--and in any case, copyright would have long expired.

2. A translation, including a translation from 14th c. English to 
modern English, is covered by copyright law.

3. The information in a recipe (i.e. the recipe considered as a 
formula for making something) is not covered by copyright law; the 
actual words of the recipe are (copyright protects "expression" not 
"idea").

But

4. Copyright law includes a rather vaguely defined exception for 
"fair use." What it amounts to is that you are allowed to do things 
that would otherwise violate copyright law if they meet certain 
conditions, not very well specified. The list of factors, as I 
recall, includes:

i. Educational use is good

ii. Using a large part of a work (copying a chapter in a book rather 
than a paragraph) is bad

iii. A use that costs the copyright owner money (producing a copy of 
his work that competes with the copy he produces) is bad.

I think there are one or two more factors along similar lines.

In my opinion, publishing a recipe in a local newsletter is easily 
within the bounds of fair use. But although I am a law professor I am 
not an attorney (I'm an economist who applies economics to law), let 
alone a copyright attorney.

Finally, of course, it is not copyright violation if you have 
permission from the copyright holder. _The Miscellany_ has quite a 
broad permission at the beginning, which would cover the publication 
of any or all of our recipes in your newsletter, provided you didn't 
alter them. I suspect that some other people may have made similar 
provisions.

Hope that helps.
- -- 
David Friedman
Professor of Law
Santa Clara University
ddfr at best.com
http://www.daviddfriedman.com/