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Old 10-01-2016, 03:10 PM   #1
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Recipe sharing etiquette

I received a hand written recipe from a dear freind at work. It is old and in cursive.. I have a few questions about this, but my freind at work does not talk much about such things..

Should I ask Permission to share it here? or just post the crazy thing, and figure, Well he gave it to me.. so all's fair in love and war and recipe sharing? It is a very odd, old family recipe I think..

Eric, Austin Tx.

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Old 10-01-2016, 03:18 PM   #2
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Recipe sharing etiquette

Sure. I would just snap a picture of the recipe and post it.

We can't plagiarize stuff directly out of cookbooks or off websites, but we can post links, or lists of ingredients.
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Old 10-01-2016, 04:28 PM   #3
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Are you sure about that, Dawg? A recipe doesn’t have to be from a cookbook or a website to be copyrighted. It just has to be written down.
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Old 10-01-2016, 04:36 PM   #4
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You need to ask permission to share it
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Old 10-01-2016, 05:46 PM   #5
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I'd be polite and ask permission.
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Old 10-01-2016, 06:07 PM   #6
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Quote:
Originally Posted by LizStreithorst View Post
I'd be polite and ask permission.
It's not just polite; it's legally required.
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Old 10-01-2016, 06:18 PM   #7
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Recipe sharing etiquette

The recipe is not copyrighted. Once she gives it away, it's yours
to do with as you like. As a courtesy to your friend, you should ask her if it's OK to share it.
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Old 10-01-2016, 10:30 PM   #8
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Quote:
Originally Posted by Andy M. View Post
The recipe is not copyrighted. Once she gives it away, it's yours
to do with as you like. As a courtesy to your friend, you should ask her if it's OK to share it.
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.
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Old 10-01-2016, 11:01 PM   #9
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Quote:
Originally Posted by GotGarlic View Post
It's not just polite; it's legally required.
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.
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Old 10-02-2016, 12:59 AM   #10
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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.

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
"

Further, I've found

"One should distinguish between a recipe, a textual rendering of a recipe, and a compilation of recipes. Publications Intl. v. Meredith, 88 F.3d 473 (7th Cir. 1996) dealt with alleged infringement of a recipe book.

“The identification of ingredients necessary for the preparation of each dish is a statement of facts. There is no expressive element in each listing; in other words, the author who wrote down the ingredients for “Curried Turkey and Peanut Salad” was not giving literary expression to his individual creative labors. Instead, he was writing down an idea, namely, the ingredients necessary to the preparation of a particular dish. “[N]o author may copyright facts or ideas. The copyright is limited to those aspects of the work–termed ‘expression’–that display the stamp of the author’s originality.” Harper & Row, 471 U.S. at 547, 105 S.Ct. at 2223. We do not view the functional listing of ingredients as original within the meaning of the Copyright Act.

As the Supreme Court stated in Feist: Facts, whether alone or as part of a compilation, are not original and therefore may not be copyrighted. A factual compilation is eligible for copyright if it features an original selection or arrangement of facts, but the copyright is limited to the particular selection or arrangement. In no event may copyrights extend to the facts themselves. Feist, 499 U.S. at 350-51, 111 S.Ct. at 1290.
"

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.
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