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Old 09-15-2013, 05:30 PM   #61
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Originally Posted by Mad Cook View Post
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I've mentioned the activities of a certain lady cookery writer whose middle name should be "Plagiarise", elsewhere on DC, and I have seen several British and American chefs on television and in print, claiming to have invented the method of cooking a whole salmon to serve cold which has passed down our family from my Great Grandmother, who was born in the 1860s, and which first appeared in print in the 1700s. The first case doesn't seem to bother anyone and in the second case both Meg Dodds, who wrote the 18thC book, and my GGM are not in a position to sue.
As others have mentioned, US copyright expires, so that book is in the public domain. Those chefs may have come up with the method on their own and not be aware of the previous book. However, if they knew it would be lying.
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Old 09-15-2013, 05:32 PM   #62
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The recipes may be hundreds of years old, but the way the instructions are written isn't. That's the part that is copyrighted, along with the descriptions.
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Old 09-15-2013, 06:19 PM   #63
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Originally Posted by Greg Who Cooks View Post
Credit has nothing to do with it, and is no legal excuse that makes quoting a whole work legal.
Credit is usually an admission of guilt!
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Old 09-15-2013, 06:20 PM   #64
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Only if its protected by a copyright. If not its fair game.
As soon as you put pen to paper, so to speak, it is copyright. It doesn't have to be registered to be copyright.
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Old 09-15-2013, 06:24 PM   #65
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As soon as you put pen to paper, so to speak, it is copyright. It doesn't have to be registered to be copyright.
Yes, you are right.

I am going to delete my post to avoid confusion!
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Old 09-15-2013, 06:30 PM   #66
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I don't understand how recipes that have never been written down and come from the inside of someone's head can be copyrighted.

It has to be fixed in a tangible form to be copyrighted.
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Old 09-17-2013, 01:05 AM   #67
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Originally Posted by PrincessFiona60 View Post
I am not confused, I understand copyright law perfectly as I, too, am a published author. I'm attempting to explain a concept to a person whose first language is not English without being pedantic.
My comments were not addressed to you.
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Old 09-17-2013, 01:15 AM   #68
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So you're saying posting a pic from another source is every bit as illegal as posting a recipe or quoting information. That's what I thought. Looks like the mods would have to remove half the pictures posted here showing a wok from Amazon or the knife with the funky fruit I mentioned
I'm in the section that thinks that if it's on the Internet it's there for the taking as long as the source is linked, be it picture or word. Like a footnote. It's just common sense. And after all you are linking it back to the source, so there is recognition.

I doubt very many original owners are pursuing this though.
It depends on the situation and common sense. If I post a picture of a knife that I like and a link to amazon where I bought it, they're not going to mind.

Anyway, perhaps not a good example legalistically, because my example is a review quoting part of the "work" (their website), so my example is legally permitted, fair use.
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Old 09-17-2013, 01:23 AM   #69
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Just nit-picking here but if I quoted a recipe from Joe Bloggs' latest book, for sweet and sour earthworms with lime vinaigrette, wouldn't JB have to prove beyond doubt that it was his invention in the first place in order to bring a copyright case? Many recipes have their origins lost in the mists of time and many recipe methods involve well-known cooking techniques.

I've mentioned the activities of a certain lady cookery writer whose middle name should be "Plagiarise", elsewhere on DC, and I have seen several British and American chefs on television and in print, claiming to have invented the method of cooking a whole salmon to serve cold which has passed down our family from my Great Grandmother, who was born in the 1860s, and which first appeared in print in the 1700s. The first case doesn't seem to bother anyone and in the second case both Meg Dodds, who wrote the 18thC book, and my GGM are not in a position to sue.
If you copied his words you violated his copyright. It's the words that are copyrighted, not the recipe.

Anybody can claim they invented something. It' up to the audience to believe it or not. BTW, did I mention I invented the original recipe for buttermilk pancakes?
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Old 09-17-2013, 01:27 AM   #70
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Originally Posted by Andy M. View Post
Most copyrighted recipes employ well-known cooking techniques. It's not the technique that's copyrighted, it's how the author employs it with the ingredients he empoys.
Not so! It's only the words that are copyrighted. How the author employs is not copyrighted.
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