Copyright rules?

[sneezles]

I am curious as to whether or not we are violating any copyright laws by reprinting all these recipes (Napster's problems come to mind). On another thread I read a recipe that was almost EXACTLY like one I had posted but for one ingredient (and then it was very similar) and the person who posted it gave no credit for where the recipe came from (I'm not looking for credit but I believe the original source deserves to be credited). Having worked in a school library whre copyright laws are sometimes an issue, I'm wondering how any of that comes into play here?

[Jodi]

Interesting topic! I'm not an expert, by any means, but I am an editor who just edited a book called COPYRIGHT PLAIN AND SIMPLE, and I think that as long as we're crediting the source of recipes, we're okay. We're not trying to steal anyone's work and pass it off as our own. Although I guess it could be said that we're taking away from people going out and buying other cookbooks and magazines, which would be a problem (i.e. Napster). Hmm...I'm going to have to go back and re-read that book!

[Leslie w]

Good question, I was thinking that exact thing. I don't think we'd be in trouble copying CL recipes as we are using the CL website and if we were doing something wrong I'm sure we'd know about it. But there was a recipe in a cookbook I received and I wanted to submit it on this board but got cold feet. Maybe I'm being paranoid but I don't want to infringe on any copywrite laws.

[kentgirl]

This is taken directly from the Library of Congress web site regarding recipes:

"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."

I'm not sure how to intepret this, but there it is.

I have one suggestion - when a recipe is posted by a bb member, I suggest you post your name right after the recipe title:

Chocolate Cake
by kentgirl

That way, when the recipe is copied from this site, the name of the person is copied as well. That would make it much easier to give credit to that person when re-posting it elsewhere.

And I believe in always including the name of the cookbook when posting a recipe from that cookbook.

[sneezles]

I see your point Kentgirl but personal recipes is not what I'm asking about. What I'm referring to is the part in every cookbook (including CL's), located on the publisher's page stating that:

"All rights reserved. No part of this book may be reproduced in any form or by any means without the prior written permission of the publisher,..."

CL's gives an exception but that does not allow for using the whole recipe!

[This message has been edited by sneezles (edited 03-23-2001).]

[SueK]

I deal with this issue a lot in my job. Our rule of thumb (based on what the university has told us) is that if you are distributing the information and you stand to profit financially from it, then you must obtain copyright permission.

If you are just doing it ad hoc, or "on the fly", so to speak, then copyright permission does not need to be obtained, but regardless, you must credit the source.

[Mamasue]

Maybe someone from Cooking Light can help us with this issue.

This is how I understand it..... if we post a recipe that belongs to someone else from either a cookbook or from somewhere on the WWW then we should give them credit by adding their name or website address. Especially, if it is "word for word"...then that recipe belongs to the orginator. If you change a recipe by just adding or deleting an ingredient or change the directions of a recipe than that recipe is now considered yours and there is no copyright law. I would think that if we post a copy of CL recipe to help someone then there would be no violation because we are posting their recipe on thier site.

Maelynn....someone from CL....please help us http://www.cookinglight.com/bbs/biggrin.gif

[Chefmom]

Well, I guess if this were a clear cut discussion there would be no need for Copyright lawyers!! http://www.cookinglight.com/bbs/smile.gif

Okay, I've dug around and most all of my cookbooks state the same thing, it gives you the thought that if you SELL the information then you are violating the copyright.

But, I just noticed at the bottom of the page I printed from www.topsecretrecipes.com (http://www.topsecretrecipes.com) his states, "Please do not distribute, publish or display this recipe without permission. It is a violation of the copyright."

In this case, even copying the recipe onto a message board, even WITH a link to his site is against copyright.

For me I have always given credit when I can. If a recipe came to me through people and I don't know the origins, then I can't help it. If you really study recipes you will notice that many are very similar with a little change here or there. I usually try to only post my personal recipes or recipes that I have modified in ingredients or text. But I too have a couple of good recipes that I use, but didn't come from my kitchen originally. I think it is really funny that Martha Stewart had that big heirloom Cookie contest a couple of years ago. The rules clearly stated that the recipe must have NEVER been published, and I have found a couple of the winners' recipes in books here and there. Do you think that she will strip them of their awards?? Probably not.

Also, you don't always have to make money from something to violate the copyright. Technically it is against copyright for you to purchase a Movie for your kids and have ANYONE who isn't in your household view it. yup, taking it to Grandma's house, watching the movie when the little friends are over, loaning the movie to your friends, etc, etc.

The news had a segment where a local Day Care was SHUT DOWN from the fines from showing the toddlers a movie three times a week. The movie was bought and paid for, no one was charging admission, but they were showing it outside their home. It's a shame to learn this way.

And speaking of Napster, I think it is SOOOO funny that they are going after them when they sell CD-writers. For $200 you can get yourself a writer and then make copies of your favorite music. They even have all those cute commercials of people making their own mixes of music. Isn't that illegal?? They even MAKE mini CD digital music things that state on the box that they are for people to download their favorite music from the web, store in this little music holder thing and plug in the headphones and go. Isn't that illegal? Why aren't the record companies going after them? Hubbie had loaded a bunch of music from Napster, mostly stuff that you CAN'T buy anywhere even if you wanted to. And some songs I have listened to and then went out and BOUGHT the CD!!

Go figure.

Tami

[RobinC]

CD burners are okay because they fall into the area of "fair use." It is not a violation of copyright to copy music that you legally own. There is also case law that says the MP3 players that have become so popluar do not violate copyright due to the fair use provisions. My DB and I have been very interested in these developments as we sell a homebrew MP3 player on our web site.

[emilycat]

I may be simplifying this a bit too much, but I'm fairly certain that copyright laws regarding use on the internet are pretty unsolidified as of yet; since we are not actually "printing" the material per se, and we're not sharing the information for any monetary gains, I think that a mere attribution to the author should suffice.

[This message has been edited by emilycat (edited 03-23-2001).]