Ever since I started blogging about food, this subject has fascinated and concerned me. Can recipes be copyrighted?
The answer seems to be a qualified “no.” A list of ingredients and set of directions cannot be copyrighted. There’s very clear case law on the subject. Basically, every court decision came down to “there’s only one way to say ‘two teaspoons of sugar’,” or “stir until smooth.” Copying a recipe word for word has its inherent perils though, as most cooks add a personal touch to their recipes, which makes it a literary work. So you can copy the ongredient list and re-write the directions in your own “voice.” You’ll still be guilty of plagiarism, but that’s not illegal, just unethical.
Most of the experts agree that, while not necessarily legally required, attribution is important. Phrases like “inspired by,” or “adapted from” give a nod to the original chef, and save you from claims of plagiarism.
Here are a few of the articles that I came across while I was researching this:
https://paleoflourish.com/recipe-copyright/
https://www.plagiarismtoday.com/2015/03/24/recipes-copyright-and-plagiarism/
https://sarafhawkins.com/recipe-copyright/
Please take a look at them, and tell me what you think. In our present digital age, it is becoming increasingly harder to generate material without the threat of plagiarism or copyright violation looming over one. Especially for food writers!
The answer seems to be a qualified “no.” A list of ingredients and set of directions cannot be copyrighted. There’s very clear case law on the subject. Basically, every court decision came down to “there’s only one way to say ‘two teaspoons of sugar’,” or “stir until smooth.” Copying a recipe word for word has its inherent perils though, as most cooks add a personal touch to their recipes, which makes it a literary work. So you can copy the ongredient list and re-write the directions in your own “voice.” You’ll still be guilty of plagiarism, but that’s not illegal, just unethical.
Most of the experts agree that, while not necessarily legally required, attribution is important. Phrases like “inspired by,” or “adapted from” give a nod to the original chef, and save you from claims of plagiarism.
Here are a few of the articles that I came across while I was researching this:
https://paleoflourish.com/recipe-copyright/
https://www.plagiarismtoday.com/2015/03/24/recipes-copyright-and-plagiarism/
https://sarafhawkins.com/recipe-copyright/
Please take a look at them, and tell me what you think. In our present digital age, it is becoming increasingly harder to generate material without the threat of plagiarism or copyright violation looming over one. Especially for food writers!