SC - passing along recipes
LrdRas at aol.com
LrdRas at aol.com
Fri Nov 10 23:03:38 PST 2000
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In a message dated 11/11/00 12:20:02 AM Eastern Standard Time, ddfr at best.com
writes:
> 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").
>
>
Actually according to the attorneys at Llewellyn Press, recipes are not in a
themselves copyrightable. A clarifying statement was that people who sue
others for the publications of their recipes were awarded the maximum of 5
dollars a piece for the infringement. Considering the cost of a law suit a 5
dollar recovery on any given recipe is certainly not basis for a law suit
which would run into thousands of dollars. The bottom line is that authors
may think that their recipes are protected by copyright law but, in reality,
they are formulas and if they 'prove' they are not, which is difficult to say
the least since they are defined by law as such, then they are pretty much
fair game.
Of course, common courtesy demands that permission is requested but common
sense also demands that creators of recipes realize the thin edge they walk
on. The infinitesimally minute chance that someone else would not figure out
or create a formula exactly like the one that they published is almost nil.
I have personally seen my recipes used in assorted feasts exactly as I have
written them. I choose to be happy that I could be of help rather than press
the issue of non-recognition.
Ras
The test of good manners is to be patient with bad ones.- Solomon Ibn Gabirol
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<HTML><FONT SIZE=2>In a message dated 11/11/00 12:20:02 AM Eastern Standard Time, ddfr at best.com <BR>writes:
<BR>
<BR>
<BR><BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">3. The information in a recipe (i.e., the recipe considered as a
<BR>formula for making something) is not covered by copyright law; the
<BR>actual words of the recipe are (copyright protects "expression" not
<BR>"idea").
<BR>
<BR></BLOCKQUOTE>
<BR>
<BR> Actually according to the attorneys at Llewellyn Press, recipes are not in a <BR>themselves copyrightable. A clarifying statement was that people who sue <BR>others for the publications of their recipes were awarded the maximum of 5 <BR>dollars a piece for the infringement. Considering the cost of a law suit a 5 <BR>dollar recovery on any given recipe is certainly not basis for a law suit <BR>which would run into thousands of dollars. The bottom line is that authors <BR>may think that their recipes are protected by copyright law but, in reality, <BR>they are formulas and if they 'prove' they are not, which is difficult to say <BR>the least since they are defined by law as such, then they are pretty much <BR>fair game.
<BR>
<BR>Of course, common courtesy demands that permission is requested but common <BR>sense also demands that creators of recipes realize the thin edge they walk <BR>on. The infinitesimally minute chance that someone else would not figure out <BR>or create a formula exactly like the one that they published is almost nil.
<BR>
<BR>I have personally seen my recipes used in assorted feasts exactly as I have <BR>written them. I choose to be happy that I could be of help rather than press <BR>the issue of non-recognition.
<BR>
<BR>Ras
<BR>The test of good manners is to be patient with bad ones.- Solomon Ibn Gabirol</FONT></HTML>
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