[Sca-cooks] NPR Segment on Copyright infringement

[yaini0625 at yahoo.com]

Wasn't there also a portion or amount used that also requires permission?
Aelina

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-----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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-- 
David Friedman
www.daviddfriedman.com
daviddfriedman.blogspot.com/
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