Hello all,

For those of you who don't check the Activism forum, we have a discussion going on about a proposed OCF cookbook. I don't want to have to repeat everything here that has been posted, so I will ask that any of you that have a spare minute, please scroll down to the Activism Forum and check the post entitled "1st Annual Oral Cancer Walk for Awareness". I would appreciate your comments so we can decide what, if anything, we will be able to do with this cookbook idea.

Thank you,
Rosie

Okay,

I did a google search and found that although a particular cookbook may have a copyright, individual recipes do not. So as long as I don't hear otherwise from someone in the know, i.e. an attorney, I will assume we can use any recipe we want in our cookbook, even if it has been published before.

Rosie

Rosie, I sent you a recipe, will send more if we continue on with our cookbook, just let me know...Thanks so much, Carol

Rosie,

If we take a recipe from a cookbook, do we need to doc the book it came from or is that asking for trouble?

Eileen

Eileen,

I've checked this on several websites and it seems that collections of recipes, i.e. cookbooks, can be copyrighted, but individual recipes generally can not. Basically, recipe ingredients are facts and you can not copyright facts. The recipe directions, however, can be considered creative works and therefore can be protected by copyright law. This does not include proprietary recipes, i.e. Kentucky Fried Chicken's Original Recipe Chicken. They usually are copyrighted, but that's a horse of a different color.

So copying recipe ingredients is not a copyright infringement, because ingredients are just facts. However, copying recipe directions could possibly be considered copyright infringement, but usually only if copied exactly and if there is something special about it.

I would think that if the cookbook you take the recipe from is not copyrighted, you wouldn't have to worry about infringement. Even if the cookbook has a copyright, though, the individual recipes still don't. If the recipe has something special about it, you may have to be careful. For example, I have a cookbook that was put out by a branch of my family that owns a hotel in Minnesota. Many of these recipes have anecdotes with them, which would give them copyright protection. So, if I were to use one from that book, I would use something ubiquitous like Barbecue Sauce, which uses basic ingredients like catsup, mustard, vinegar, etc. and has no special attributes. I would not use one like Country-Fried Steak, which was specially prepared for a peddler who had achy teeth. Because "Grandma" made it in a special way so it would be soft enough for him to chew and this info is included with the recipe, it would probably have copyright protection. Although using the steak recipe without including the part about the peddler would probably be safe. The Barbecue Sauce recipe could probably be found in a half dozen other cookbooks, so it would be considered in the public domain and safe to copy.

I don't think we have to be too concerned about copyright infringement if we are just using "regular" recipes. A good rule of thumb would be if you can find the same recipe or a really close facsimile in several cookbooks, don't worry about breaking any copyright laws. If you do use a recipe that has special attributes, then it would be a good idea to either ask permission to use it or document the source. The age of the cookbook should also be taken into consideration. I very much doubt you would have to worry if taking a recipe from an older cookbook because it likely has already been recopied many times. Something newer, say from a South Beach Diet Cookbook, might be a little trickier. And, if you have changed the recipe in any way, you definitely don't have to worry. A copyright only applies to an exact copy, as far as recipe directions go anyway.

Sorry to be so windy, but I wanted to be sure this is understood. Of course, I just gleaned this info from browsing several websites, so please feel free to correct me if necessary. I know there has to be a lawyer on the forum from time to time.

Rosie