recipe copyright

[copper1]

Is it a copyright infringement to prepare and sell a food using a published recipe?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.


http://www.loc.gov/copyright/faq.html#q29

Read question 29
§ 103. Subject matter of copyright: Compilations and derivative works
(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.

(b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

 

[copper1]

Lawrat, thanks for the cite. After reading it I am now wondering, would preparation of a food from a recipe be considered a derivative work?

 

[lawrat]

That is the main question. It may be but it may not be because your cooking might be considered sufficient creativity to be a whole new copyright, and not a derivative work (i.e a copy, new format).

Check with the copyright office on any case law they may know. There are also may be trademark issues if it is something like martha stewart's homemade recipes or something.

 

[copper1]

Lawrat, thanks so much for your help.