[Sca-cooks] NPR Segment on Copyright infringement

David Walddon david at vastrepast.com
Thu Nov 25 12:11:36 PST 2010


Of course fair use is a huge area! 
But there is also generic instructions that does not seem to be covered as well and it could be considered expression. 
Is it maybe better so say unique expression? 
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 11:58 AM, David Friedman wrote:

> That's a good first cut at the distinction--idea is not protected, expression is.
> 
> But then there is the very fuzzy area of fair use, under which you can sometimes copy some expession under some circumstances.
> 
>> 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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>>> 
>> 
>> 
>> 
>> --
>> "It is only with the heart that one can see clearly; what is essential is
>> invisible to the eye."
>> --Antoine de Saint-Exupéry, The Little Prince
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> 
> 
> -- 
> David Friedman
> www.daviddfriedman.com
> daviddfriedman.blogspot.com/
> _______________________________________________
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