Should recipes have copyright?

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While you may believe that only lawyers "win," the fact is that copyright law is intended to encourage people to create by providing legal protection for their creations. So people win.

Intentions aside, I see more examples of harm than benefit to society by current copyright and patent practice.
 
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I think the whole thrust of the article was about creativity in recipes. I once saw a TV programme about this. They interviewed a chef from Bologna who made a pasta alla bolognese that looked like a small easter egg, pasta on the outside and bolognese sauce on the inside. Heston Blumenthal is well known for his amazing innovations, and in every case of innovation, presentation plays a major part. You can't copyright items of food, but I believe it's right and proper that creativity in the innovative use of them to create a dish should, and imho I agree with the article when it says two years. Things move on with progress - maybe on this issue it could be interesting to be open-minded.

Good discussion. No arrogance meant on my part.

di reston


Enough is never as good as a feast Oscar Wilde
 
Well put di! Matter of fact, you have done it so succinctly and eloquently, I could perhaps change my mind.

I guess I associate copywrite too much with lawsuits and nasty proceedings. I see no problem in giving someone their creative methods their proper due.
 
The copyright rules for recipes pertain only to the written directions, you may NOT do those word for word without breaking copyright law.

Which I've always thought of as just plain stupid. I can post the ingredients, then rephrase the process while saying exactly the same thing as the author, and now I'm legal? There is nothing "literary" about the process for a recipe. When it's put out in the public domain, then it seems to me that the only thing that should be required for copying it is giving credit to the originator, assuming that you can even identify the source.

If Kitchen Karl posts a recipe which he says was "borrowed" from Bobby Flay, but the process rewritten to satisfy copyright laws, am I allowed to post Karl's version word for word, since he has already paraphrased the original as published my Bobby? It is not Karl's intellectual property, it's Bobby Flay's. Karl shouldn't have any rights at all under copyright law, should he, since all he did was change a word or two from the original?
 
...If Kitchen Karl posts a recipe which he says was "borrowed" from Bobby Flay, but the process rewritten to satisfy copyright laws, am I allowed to post Karl's version word for word, since he has already paraphrased the original as published my Bobby? It is not Karl's intellectual property, it's Bobby Flay's. Karl shouldn't have any rights at all under copyright law, should he, since all he did was change a word or two from the original?

First of all, changes to the wording have to be substantial, not just ".... a word or two". After Karl made his changes that version of the recipe becomes his and is copyright protected. If you copy that recipe and make substantial changes to the text, that version is yours and is copyright protected. Unless your changes make it like Bobby Flay's version. Then you're in trouble.
 
I don't understand why people have such a hard time with Copyright. When you go to work you punch in, sign in, etc. You are saying, "Here I Am, I'm working." When you leave, punching out, signing out, etc. You are saying, "I'm done, I am leaving, please pay me for the work I accomplished today." That IS YOUR pay, that is YOUR LIVING. Same with writers, they have no time clock, but they are asserting their right to be paid for the work they just did.

Someone else using their work is taking away their living, just like someone else stealing your paycheck, rustling your cattle, burglarizing your house.

Copyright is there to protect writers, making sure they get their due for their work.
 
I don't understand why people have such a hard time with Copyright. When you go to work you punch in, sign in, etc. You are saying, "Here I Am, I'm working." When you leave, punching out, signing out, etc. You are saying, "I'm done, I am leaving, please pay me for the work I accomplished today." That IS YOUR pay, that is YOUR LIVING. Same with writers, they have no time clock, but they are asserting their right to be paid for the work they just did.

Someone else using their work is taking away their living, just like someone else stealing your paycheck, rustling your cattle, burglarizing your house.

Copyright is there to protect writers, making sure they get their due for their work.

I hear your frustration, PF, and I share it. Knowledge of copyright protection is a somewhat new idea for many people. Before computers made it easy to copy and paste writings and images, most people had no need to know or care about it. But now that it's so easy, people do it all the time and don't want to be reminded that it's unethical and illegal.

That's also why people say, if it's on the Internet, it must be in the public domain. No, it's not. There are specific rules in the law regarding public domain as well.
 
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Which I've always thought of as just plain stupid. I can post the ingredients, then rephrase the process while saying exactly the same thing as the author, and now I'm legal? There is nothing "literary" about the process for a recipe.

This recipe for corn tortillas was written by a home cook for Taste of Home:

  1. In a large bowl, combine flour and salt. Stir in water and oil. Turn onto a floured surface; knead 10-12 times, adding a little flour or water if needed to achieve a smooth dough. Let rest for 10 minutes.
  2. Divide dough into eight portions. On a lightly floured surface, roll each portion into a 7-in. circle.
  3. In a large nonstick skillet coated with cooking spray, cook tortillas over medium heat for 1 minute on each side or until lightly browned. Keep warm.

This one was written by Rick Bayless:

  1. Mix dough. If using powdered masa harina, measure into bowl and add 1 cup plus 2 tablespoons hot tap water. Mix with hand, kneading until thoroughly combined. Cover and let stand 15 minutes. If using fresh masa, scoop into bowl. Break up and knead a few times until smooth.
  2. Heat griddle or skillets. Set large griddle (one that stretches of 2 burners) or 2 skillets on stovetop. Set heat under one end of griddle (or one skillet) at medium. Set heat under other end (or other skillet) at medium-high.
  3. Adjust consistency of dough. Gently squeeze dough. If it is stiff (it probably will be), knead in water 1 or 2 teaspoons at a time until the dough feels like soft cookie dough - not stiff, but not sticky. Divide evenly into 15 pieces and roll each into a ball. Cover with plastic.
  4. Press out dough balls. Cut 2 pieces of plastic bag 1-inch larger than tortilla press. Open press. Lay in one piece of plastic. Lay dough ball in center. Gently mash. Top with second piece of plastic. Close press. Press gently enough to mash dough into 1/8-inch disc. Pull off top piece of plastic.
  5. Unmold uncooked tortilla. Flip tortilla onto right hand (if right-handed). IMPORTANT: top of tortilla should line up with top of index finger. Lay on medium-hot griddle (or skillet) by letting bottom of tortilla touch griddle, then lowering your hand slightly and moving it away from youthe tortilla will stick to the hot surface so you can roll your hand out from under it as it rolls down flat.
  6. First flip. After about 30 seconds, edges of tortilla will dry slightly and tortilla will release from griddlebefore this moment, tortilla will be stuck. With metal spatula (or callused fingers), flip onto hotter side of griddle (or hotter skillet).
  7. Second flip. After about 30 seconds, tortilla should be browned underneath. Flip. Cook 30 seconds more. Tortilla should puff in places (or all over - a gentle press with metal spatula or fingers encourages puffing). Transfer to basket lined with towel.
  8. Continue. Press and bake remaining tortillas. Stack each baked tortilla on previous one. Keep tortillas well wrapped in towel to keep warm.

Hopefully you can see the difference.
 
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A contrarian view

First, let me stipulate that you are all smarter than me so no need to prove it.

I don't disagree with Princess Fiona's post. But I think that blade cuts both ways and way more people are robbed by "Philadelphia Lawyers" than muggers.

It's a little bit wrong for people make money by copying the work of professional food workers into their happy homemaker blog. But it's way worse for some guy who can't cook a lick to hire a shyster to sue 10,000 stay at home moms for infringing on his "copyrighted" macaroni and cheese recipe.
 
First, let me stipulate that you are all smarter than me so no need to prove it.

I don't disagree with Princess Fiona's post. But I think that blade cuts both ways and way more people are robbed by "Philadelphia Lawyers" than muggers.

It's a little bit wrong for people make money by copying the work of professional food workers into their happy homemaker blog. But it's way worse for some guy who can't cook a lick to hire a shyster to sue 10,000 stay at home moms for infringing on his "copyrighted" macaroni and cheese recipe.

First of all, this isn't about "Philadelphia Lawyers". It's about protecting intellectual property.

Second, it's not a "little bit wrong". It's illegal, period.

Stay at home moms can download every recipe on the internet and make them all at home without consequence. It's only an issue when they publish that recipe as their own creation. Then it's a criminal offense.
 
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First, let me stipulate that you are all smarter than me so no need to prove it.

I don't disagree with Princess Fiona's post. But I think that blade cuts both ways and way more people are robbed by "Philadelphia Lawyers" than muggers.

It's a little bit wrong for people make money by copying the work of professional food workers into their happy homemaker blog. But it's way worse for some guy who can't cook a lick to hire a shyster to sue 10,000 stay at home moms for infringing on his "copyrighted" macaroni and cheese recipe.

Has that happened? When? Where?

Btw, I'm not claiming to be "smarter" than anyone else, but I do have education and experience with this topic. I managed a large website for a medical school for 14 years and in around 2000, I attended a seminar by an intellectual property attorney on copyright as it pertained to the Internet. I also took a class on Media Law when I got a certificate in Professional Writing. Not trying to "prove" anything; just giving some background.
 
First, let me stipulate that you are all smarter than me so no need to prove it.

I don't disagree with Princess Fiona's post. But I think that blade cuts both ways and way more people are robbed by "Philadelphia Lawyers" than muggers.

It's a little bit wrong for people make money by copying the work of professional food workers into their happy homemaker blog. But it's way worse for some guy who can't cook a lick to hire a shyster to sue 10,000 stay at home moms for infringing on his "copyrighted" macaroni and cheese recipe.

I'm sorry but your response suggests a pretty serious misunderstanding of how copyrights are enforced in addition to a misunderstanding of the very basis about how copyrights are established and why.

Plus your remarks about "Philadelphia lawyers" and "shysters" are unnecessary
 
I wasn't filing a legal brief. But bloggers are being routinely sued for copyright infringement. And some of those suits are being filed by:
a person, especially a lawyer, who uses unscrupulous, fraudulent, or deceptive methods in business
Please substitute the language above for that which you deem unnecessary.

My opinions regarding the practice and intent of copyright law were largely formed by considering the flawed applications in the music industry starting in the 1920s.

But I'm not a legal scholar, I'm a simple bachelor cook. If I am not entitled to express opinions on this topic a list of subjects upon which I may not speak would be helpful.
 
There are interesting articles on the Web on the subject of Copyright and Plagiarism. I've been reading up on it. They clarify a lot of issues.


di reston


Enough is never as good as a feast Oscar Wilde
 
...But I'm not a legal scholar, I'm a simple bachelor cook. If I am not entitled to express opinions on this topic a list of subjects upon which I may not speak would be helpful.

You are entitled to express opinions. This is, after all, a place to DISCUSS. No one here is an expert on every topic. Several are experts on copyright law. It's not insulting to try to correct misconceptions or discuss opinions that differ.
 
I wasn't filing a legal brief. But bloggers are being routinely sued for copyright infringement. And some of those suits are being filed by:

Please substitute the language above for that which you deem unnecessary.

My opinions regarding the practice and intent of copyright law were largely formed by considering the flawed applications in the music industry starting in the 1920s.

But I'm not a legal scholar, I'm a simple bachelor cook. If I am not entitled to express opinions on this topic a list of subjects upon which I may not speak would be helpful.

Now you're just being ridiculous :rolleyes: I simply asked you to back up a statement of fact. If you can't do that, maybe you should revise your statement.
 
I wasn't filing a legal brief. But bloggers are being routinely sued for copyright infringement. And some of those suits are being filed by:

Please substitute the language above for that which you deem unnecessary.

My opinions regarding the practice and intent of copyright law were largely formed by considering the flawed applications in the music industry starting in the 1920s.

But I'm not a legal scholar, I'm a simple bachelor cook. If I am not entitled to express opinions on this topic a list of subjects upon which I may not speak would be helpful.

You are painting all Lawyers with a big black brush. I know many Lawyers who are law-abiding citizens and do not use any of the methods you described when arguing/debating/speaking in court.

The music industry is another field where I will speak up on Copyright. We can't fix the past now, but we can as a society, refuse to tolerate those who do abuse Copyright.

BTW, in case you have forgotten, I am a nurse and home cook. I am just as ignorant on some subjects as others are. Copyright Infringement is a special study of mine, trying to keep a particular authors work free of infringement, wish I had the time to include other authors. I can't help being strident about Copyright, it is after all, the Law. Just like running STOP signs and going over the speed limit, If you are caught you are ticketed.
 
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