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Old 05-21-2015, 03:06 PM   #71
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I used to have (actual recipe since lost, but I still fudge it) a recipe for a thin, vinegary barbecue sauce. There was no "process". It was just a list of ingredients mixed together. No cooking - the "recipe" was in the relative quantities of the liquids and spices that went into the mix. No particular order for adding ingredients. I was told by the friend who gave it to me that it was a family recipe (he was from Oklahoma) and that I couldn't pass it on. I never have (wouldn't consider such a dishonorable act, and I've since made some modifications to it), but if a list of ingredients can't be copyrighted, then he wouldn't have had a leg to stand on if I had published it for the whole world to see.
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Old 05-21-2015, 03:32 PM   #72
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Originally Posted by Addie View Post
He may call it his own, but has he listed it as a copy write recipe. Until he files it as such, it is everyone's recipe.
This is not true. As I said before, copyright ownership is conferred on the creator the moment a work is set down in physical form. It does not have to be registered with the copyright office, although taking that step makes it easier to defend the copyright in court.
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Old 05-21-2015, 03:46 PM   #73
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Originally Posted by GotGarlic View Post
This is not true. As I said before, copyright ownership is conferred on the creator the moment a work is set down in physical form. It does not have to be registered with the copyright office, although taking that step makes it easier to defend the copyright in court.
Yup, it's copyright as soon as it is created.
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Old 05-21-2015, 04:20 PM   #74
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At what point can you claim a recipe as 'Your Own'?
The minute my version is better than the original. That happens more often than you think. I was working on a lemon poppy seed recipe this morning when I realized the cake had no lemon flavoring of any kind! The only lemon was in the glaze. I added lemon oil extract to the batter and it is now MY recipe.
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Old 05-21-2015, 04:43 PM   #75
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As I said before, copyright ownership is conferred on the creator the moment a work is set down in physical form. It does not have to be registered with the copyright office, although taking that step makes it easier to defend the copyright in court.

You are right.

Registering it makes it easier to sue and allows for additional damages.
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Old 05-21-2015, 06:16 PM   #76
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As a side note. I have found multiple versions of a recipe credited to Julia Child and reposted on blogs. "Here's Julia's onion soup recipe, you'll love it." It's amazing that none of them are the same as Julia's actual recipe. If that was me, I'd take action as bad versions of the recipe reflect on my reputation.
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Old 05-21-2015, 07:01 PM   #77
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That's actually an important point, Andy, and part of the reason copyright law exists.
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Old 05-22-2015, 02:08 AM   #78
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Originally Posted by RPCookin View Post
Is it allowed to post such a recipe if credit is given, same as if you quote a passage from a book? Just wondering, no plans to do so. I usually give credit for the base recipe even if I've made some changes to it.
There is a beautiful picture of the skyline of Boston that my daughter loved. When she became sick, I saw that picture on line. I had an idea. I contacted the photographer knowing the picture was copyright protected. I wanted permission to reproduce the picture in such a manner for my daughter and have it framed. It was going to be just slightly different from what was seen on line. I told him that it was to be a one time use only. He graciously gave permission for me to alter and use the picture as I was not going to publish it anywhere else. It would not appear for public viewing in the manner I was proposing to use it. All he asked was that I send him a picture. I did. He thought the final picture of what I had done was beautiful. It now hangs in my daughter's home and not for public viewing. He called me and thanked me for protecting his copyright.

You have to be mindful of someone else's artistic work. Whether it be a photograph, painting or recipe written in a specific manner. A person who creates recipes is just as artistically involved in their work as any artist is. It may take an artist with paints months to finish a grand piece of work. The same goes for creating a recipe for publishing. The ingredients are such that anyone in the world can make a list of them. But it is how you put those ingredients together in order to obtain a certain flavor that the artistic value lies.

I can butter a piece of toast. But when I give very special and different directions on how to add sugar and cinnamon to that piece of toast, then my artistic side comes forth. I next send it into a magazine to be "published" and then it becomes a protected piece of property. You many not place it out there for public viewing or publically use for publishing purposes without permission. Unless you change the directions for applying the sugar and cinnamon.

And one more thing. By sending it in to a magazine or other publishing entity, you are giving all copyrights to that company. It may say "created by" but the Master Head says, published by Acme Publishing Company. That company has taken ownership of the recipe.
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Old 05-22-2015, 02:22 AM   #79
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Originally Posted by Andy M. View Post
As a side note. I have found multiple versions of a recipe credited to Julia Child and reposted on blogs. "Here's Julia's onion soup recipe, you'll love it." It's amazing that none of them are the same as Julia's actual recipe. If that was me, I'd take action as bad versions of the recipe reflect on my reputation.
Jennyma, can the publishers of Julia's recipes sue on the behalf of her family for using her name for those bad renditions of her onion soup? I too have seen some of those so-called versions of her onion soup and let me tell you, they don't even come close to her soup. The first mistake they make is the very first step in cooking the onions.
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Old 05-22-2015, 03:49 AM   #80
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Originally Posted by Addie View Post
There is a beautiful picture of the skyline of Boston that my daughter loved. When she became sick, I saw that picture on line. I had an idea. I contacted the photographer knowing the picture was copyright protected. I wanted permission to reproduce the picture in such a manner for my daughter and have it framed. It was going to be just slightly different from what was seen on line. I told him that it was to be a one time use only. He graciously gave permission for me to alter and use the picture as I was not going to publish it anywhere else. It would not appear for public viewing in the manner I was proposing to use it. All he asked was that I send him a picture. I did. He thought the final picture of what I had done was beautiful. It now hangs in my daughter's home and not for public viewing. He called me and thanked me for protecting his copyright.

You have to be mindful of someone else's artistic work. Whether it be a photograph, painting or recipe written in a specific manner. A person who creates recipes is just as artistically involved in their work as any artist is. It may take an artist with paints months to finish a grand piece of work. The same goes for creating a recipe for publishing. The ingredients are such that anyone in the world can make a list of them. But it is how you put those ingredients together in order to obtain a certain flavor that the artistic value lies.

I can butter a piece of toast. But when I give very special and different directions on how to add sugar and cinnamon to that piece of toast, then my artistic side comes forth. I next send it into a magazine to be "published" and then it becomes a protected piece of property. You many not place it out there for public viewing or publically use for publishing purposes without permission. Unless you change the directions for applying the sugar and cinnamon.

And one more thing. By sending it in to a magazine or other publishing entity, you are giving all copyrights to that company. It may say "created by" but the Master Head says, published by Acme Publishing Company. That company has taken ownership of the recipe.
You were on such a roll there! But again, a person owns the copyright to their work the moment they create it, not when they seek to publish it. And having something published does not necessarily mean that all copyright rights are transferred as well. It could be one-time rights in North America, worldwide rights in perpetuity, etc. There are a variety of ways to structure copyrights when they're sold or licensed.

You might want to read up on copyright law some more before making statements about it.
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