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Recipes and copyright infringement

Please don't copy and paste a recipe

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Editor Bob
When posting a recipe to this chat forum please take care not to post any copyright infringements.

The copying and pasting of a list of ingredients is fine. This is not a copyright infringement. The copying and pasting of a detailed preparation method, however, is not OK. To do so is a copyright infringement.

For example, copying the following is ok:

Pesto ingredients:

Pine nuts - half a cup
Extra virgin olive oil - two cups
Basil leaves - four cups
Salt - quarter teaspoon
Pepper - half teaspoon
Grated parmesan cheese - half a cup

See full preparation method at: recipes.com / pesto
Copying a detailed description of how to mix the above ingredients in order to create a tasty pesto sauce, however, is not ok.

If you find a recipe elsewhere on the Internet and wish to post it to TT, you may copy the ingredients list but the preparation method must be posted as a link to the other website.

This is based on U.S. copyright law (title 17 of the United States Code, section 102)...

Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.
Copyright infringements posted to TT are subject to removal without warning.
Lassie
does re-writing the instructions but using our own expressions count?

eg rather than saying "fold the egg into the flour and butter mixture" we say "chuck the egg into the mix and give it an aggressive stir" is that copyright infringement?

I am not trying to be facaetious, just wondering.
don_riina
we say "chuck the egg into the mix
In kitchen parlance, you whack, not chuck.
Editor Bob
A substantial re-write, as per the example you give Lassie, is ok. If you use your own words then this is not a copyright infringement. Technically, this would be termed a "derivative work" and, for the most part, is fine.

It is not the idea of how to bake a cake that is copyrightable. Rather, it is the specific text used to describe the details that is protected.

Your re-writes should be substantial, however. Just swapping a couple of words around is not ok.
Darkknight
Replace o with 0
Replace a with 4
Replace e eith 3
Replace t with 7
Replace l with 1

How bout that bob?
Editor Bob
You mean obfuscate copyrighted text by using Leetspeak?

No, a copyright infringement is still a copyright infringement, regardless of encoding.

Note, I realise you weren't being entirely serious.
Owain Glyndwr
do US copyright laws apply here in Germany? I doubt it.
planetmoni
can i paste the text and give the source? that should be okay?
Chicago
remember that the US is a nation of lawyers. and also that there are many international agreements regarding copyright and intellectual property (in both directions). Note also the recent trend of (push for?) US laws applying outside the US (i.e. Sarbanes-Oxley).

So EditorBob is being very smart on this topic. Please help TT to avoid getting tangled in (expensive) law suits.
Yeti
What's to stop you eating the evidence ?
Owain Glyndwr
I would simply advise that Ed Bob posts the relevant German laws on copyright protection. German laws are sometimes quite different to US laws.
Editor Bob
I posted the English-language laws because English is the language spoken on this website.

In Germany, however, the law regards this topic is effectively the same as in the U.S..

Further reading (in German): Urheberrecht und Rezepte
potbelly
can i paste the text and give the source? that should be okay?
Good point... Generally if you post a section of text and post the source ... is that acceptable ?
Owain Glyndwr
the law also states that you only need to change the "Anleitung" or directions by a minimal amount for it to be considered a new, and therefore non-copyright protected recipe.
Carm
what if its from a 'sample' cookbook, a cookbook done up from women who donated their fav recipies and then printed it... yes, its a published cookbook, but only a charity made money from it.
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