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Old 10-02-2016, 01:19 AM   #11
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We are not Copyright Lawyers, Discuss Cooking has rules for posting recipes and this is what we will abide by. Just because something is on the Internet does not make it fair game.

From our Community Rules:
Posting standards


  • NO SPAM! Our user base is not a resource to be "mined" by individuals, groups, or businesses, for profit or not for profit. Participants may not post affiliate links or links to direct others to any pages at their own commercial website or website in which they have a commercial interest.
  • Do not use posts to promote your blog, videos, surveys or contests. You may place a single link in your signature to a noncommercial blog.
  • Forum members should use the standard fonts available on the forum. The standard font size is 2. The use of bold, large or colored fonts should be used sparingly. Posts containing inappropriate formatting will be removed or modified at our discretion; e.g. all caps or excessive color.
  • E-mail and web address are not appropriate forum user names.
  • Posts should be well formatted. Use paragraphs, punctuation, and capital letters appropriately. Netspeak, LOL speak (internet slang) and texting shortcuts (b4, str8, etc) are difficult to read and may be edited or posts removed.
  • The language of this forum is English. If you are not a native English speaker, do your best. We are glad to have you as a member and will be supportive and polite.
  • Do not post protected or copyrighted material. Information copyrighted or owned by any individual or entity other than the member should not be posted on the discussion forums without the consent of the owner. If such an event occurs, the individual posting the information shall be held solely responsible. You cannot legally post entire articles or news in the forum without permission from the copyright holder. Even if you attribute the article correctly it’s still copyright infringement. Under Fair Use provisions you can legally post a small abstract of an article - or perhaps the opening paragraph. The exception to this rule is press releases; they are meant for distribution and can be copied and distributed. If you are not sure if you can copy something then always err on the side of caution and simply post a link to the material.
How to Post a Recipe
You cannot legally post an entire recipe written or published by another. Ingredient lists are fine to copy word for word, but methods written by another cannot be reproduced here.
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Old 10-02-2016, 10:42 AM   #12
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Quote:
Originally Posted by LizStreithorst View Post
I say that doing the right thing is more important that whether it is legal or not.
She should ask permission. Would you want something that was shared with you plastered all over the internet without granting permission. The fact that it's just a recipe is beside the point.
It's both. btw, the OP is a he
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Old 10-02-2016, 10:53 AM   #13
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Quote:
Originally Posted by Kaneohegirlinaz View Post
Here's what I've read from copyright.gov

"Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.

Only original works of authorship are protected by copyright. “Original” means that an author produced a work by his or her own intellectual effort instead of copying it from an existing work.
The bolded areas are key points.

Quote:
Originally Posted by Kaneohegirlinaz View Post
For further information about copyright, see Circular 1, Copyright Basics. Note that if your recipe has secret ingredients that you do not want to reveal, you may not want to submit it for registration, because applications and deposit copies are public records.

Deposit requirements depend on whether a work has been published at the time of registration:

If the work is unpublished, one complete copy
If the work was first published in the United States on or after January 1, 1978, two complete copies of the best edition
If the work was first published outside the United States, one complete copy of the work as first published
If the work is a contribution to a collective work and was published after January 1, 1978, one complete copy of the best edition of the collective work or a photocopy of the contribution itself as it was published in the collective work

FL-122, Reviewed December 2011
"
This section is about registering a copyright, not whether something is copyrighted. You don't have to register a copyright on a creative work in order to own it.

Quote:
Originally Posted by Kaneohegirlinaz View Post
Further, I've found
...

Has your friends recipe been published? No? Then it's fair game.

I can say to you that I have such a recipe, handwritten on a lovely recipe card, and I have been sworn to secrecy; that I should never tell anyone else how I've made it... basically, for my eyes only! And I've kept it that way for, oh, over 40 years now and it's one of my most requested cakes.

So, in closing giggler aka Eric in Austin, it's always nice to ask the individual how has given you a recipe if it's okay to share that said handwritten recipe with the Internet world or not.
As was stated earlier, the list of ingredients cannot be copyrighted; however, the method, or description of how to make the dish, can be copyrighted, and the way copyright works means that once the recipe is written down in fixed form - doesn't have to be on a computer or in a book - it's automatically copyrighted.

Registering a copyright makes it easier to defend your ownership in court, but it's not required to establish ownership.

We had a long discussion about this last year: At what point can you claim a recipe as 'Your Own'?

And in 2013: Copying Recipes?

It comes up every few years
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Old 10-02-2016, 11:53 AM   #14
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We don't actually know if the recipe in question is giggler's friend's original recipe. Just that it was handwritten and old. It may have come from a neighbor, grandparent or flea market.
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Old 10-02-2016, 12:09 PM   #15
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Quote:
Originally Posted by Andy M. View Post
We don't actually know if the recipe in question is giggler's friend's original recipe. Just that it was handwritten and old. It may have come from a neighbor, grandparent or flea market.
Right. What we do know is that someone wrote it down, so someone owns the copyright, and it's not giggler.
That doesn't mean he can't ask for clarification on its contents, though. He would just need to quote part of it, or rewrite it in his own words.
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Old 10-02-2016, 12:25 PM   #16
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Quote:
Originally Posted by GotGarlic View Post
Right. What we do know is that someone wrote it down, so someone owns the copyright, and it's not giggler.
That doesn't mean he can't ask for clarification on its contents, though. He would just need to quote part of it, or rewrite it in his own words.
If the creator of that recipe is long gone and unknown, there is no reasonable means establish a copyright. I think all that's needed is a courtesy request to his work friend.
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Old 10-02-2016, 12:53 PM   #17
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Quote:
Originally Posted by Andy M. View Post
If the creator of that recipe is long gone and unknown, there is no reasonable means establish a copyright. I think all that's needed is a courtesy request to his work friend.
That's possible, too. It's up to him and the mods
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Old 10-02-2016, 03:59 PM   #18
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Quote:
Originally Posted by GotGarlic View Post
It's my understanding that a recipe, or any other creative work, is copyrighted as soon as it is created. It doesn't have to be registered or published first and giving a copy to someone doesn't change the ownership.

You are right about this and all your other comments.


Copyright is created in a work once it is fixed into a tangible medium of expression. It does not have to be published, registered or marked with a c


The recipe in question may or may not be "copyrightable" -- it depends on whether the prose accompanying the list of ingredients is a substantial original expression. But that would be up to a court to decide in an infringement lawsuit.

We don't know if the creator of the recipe is claiming a copyright. But we do know that it is not the OP's recipe. And because of that, a website like DC should not republish it without the creator's permission.
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Old 10-02-2016, 07:31 PM   #19
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shrimp etoufe

I will see my dear friend at work tommarow, I will definately ask his permision to post his family recipe or not.




1
My guess is he will get a big laugh oUt of all this, but THANK YOU y'all so much because I felt a bit strange about all this.
WHAT A great list this is..

Eric, Austin Tx.

PS, a Teaser here ..what the heck is Oleo? 2 cps.?.
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Old 10-02-2016, 07:35 PM   #20
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Oleo margarine. Sort of a butter substitute.
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