[Sca-cooks] NPR Segment on Copyright infringement

David Walddon david at vastrepast.com
Thu Nov 25 11:12:10 PST 2010


Except that the instructions can still be generic. 
How many ways can you say "mix, flour, water, yeast and salt. Knead." 
That is why I am wondering if there is specific case law around it and not just rumor. 
Agree on the commentary. 
Not so much on the directions/instructions. 

Eduardo 


________________________________________________________

Food is life. May the plenty that graces your table truly be a VAST REPAST. 

David Walddon
david at vastrepast.com
www.vastrepast.net



On Nov 25, 2010, at 11:01 AM, Elaine Koogler wrote:

> What I am told by our SCA lawyers is that the list of ingredients is not
> protected but the directions/instructions and any commentary is.
> 
> Kiri (wearing her CA Editor hat)
> 
> On Thu, Nov 25, 2010 at 12:43 PM, David Walddon <david at vastrepast.com>wrote:
> 
>> It is nice that they listed it as adapted.
>> But I think that the "grey" area on recipes is actually in play here.
>> If they had taken your commentary on the recipe. That would be another
>> matter.
>> But the a recipe is hard to protect.
>> Translations are even a problem.
>> I carefully document all my translation efforts (noting differences and
>> similarities from existing translations if there are any).
>> I am not as careful on recipes but I am almost always utilizing multiple
>> different sources to come up with my own (when I am working in a modern
>> sense) or I am going from the original language and multiple translations
>> (if it is a period source).
>> 
>> Is there any actual case law around recipes?
>> 
>> Eduardo
>> 
>> 
>> ________________________________________________________
>> 
>> Food is life. May the plenty that graces your table truly be a VAST REPAST.
>> 
>> David Walddon
>> david at vastrepast.com
>> www.vastrepast.net
>> 
>> 
>> 
>> On Nov 25, 2010, at 1:33 AM, David Friedman wrote:
>> 
>>> It's worth noting that Food Network is not in a terribly good position to
>> complain. I discovered quite some time ago that they had pirated, verbatim,
>> a recipe from the Miscellany. I complained, they apologized, and the recipe
>> is now listed as "adapted from" the Miscellany. "Adapted" means that they
>> converted "1/2 hour" to "30 minutes," and I think made one or two other
>> tweaks on that order.
>>> --
>>> David Friedman
>>> www.daviddfriedman.com
>>> daviddfriedman.blogspot.com/
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>> 
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> 
> 
> 
> -- 
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> invisible to the eye."
> --Antoine de Saint-Exupéry, The Little Prince
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