[Sca-cooks] NPR Segment on Copyright infringement
yaini0625 at yahoo.com
yaini0625 at yahoo.com
Thu Nov 25 12:09:29 PST 2010
Wasn't there also a portion or amount used that also requires permission?
Aelina
Sent via BlackBerry by AT&T
-----Original Message-----
From: David Friedman <ddfr at daviddfriedman.com>
Sender: sca-cooks-bounces+yaini0625=yahoo.com at lists.ansteorra.orgDate: Thu, 25 Nov 2010 11:58:31
To: Cooks within the SCA<sca-cooks at lists.ansteorra.org>
Reply-To: Cooks within the SCA <sca-cooks at lists.ansteorra.org>
Subject: Re: [Sca-cooks] NPR Segment on Copyright infringement
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/
>> >_______________________________________________
>> > Sca-cooks mailing list
>> > Sca-cooks at lists.ansteorra.org
>> > http://lists.ansteorra.org/listinfo.cgi/sca-cooks-ansteorra.org
>>
>>_______________________________________________
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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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>http://lists.ansteorra.org/listinfo.cgi/sca-cooks-ansteorra.org
--
David Friedman
www.daviddfriedman.com
daviddfriedman.blogspot.com/
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