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Copyright Law Question on Recipes cont'd

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lindiane

Guest
Is there anytime a recipe would be considered public domain? For instance if it was on a label or back of a box, in a magazine? I saw on one web site a discussion about someone stating all the recipes on their site were copyrighted by the owner of the site. Someone evidently wrote in stating they cannot copyright a recipe it is considered public domain. The web-site owner wrote back stating they knew they couldn't copyright the recipe, only the content of the website, her orginal writings, etc... Because if you had to have approval of every recipe on every site, there would be no sites for recipes. This is why I'm confused. My mother (family law 101) stated she thought as long as it was in a library it was considered public domain. But you know how kids never believe their parents know what they are talking about, is why I ask. Thanks again for your time, Lindiane
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lindiane:
Is there anytime a recipe would be considered public domain? For instance if it was on a label or back of a box, in a magazine? I saw on one web site a discussion about someone stating all the recipes on their site were copyrighted by the owner of the site. Someone evidently wrote in stating they cannot copyright a recipe it is considered public domain. The web-site owner wrote back stating they knew they couldn't copyright the recipe, only the content of the website, her orginal writings, etc... Because if you had to have approval of every recipe on every site, there would be no sites for recipes. This is why I'm confused. My mother (family law 101) stated she thought as long as it was in a library it was considered public domain. But you know how kids never believe their parents know what they are talking about, is why I ask. Thanks again for your time, Lindiane<HR></BLOCKQUOTE>

My response:

A mere listing of ingredients is not protected under copyright law. 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 collection of recipes as in a cookbook, there may be a basis for copyright protection.

IAAL

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