copyright laws regarding recipes

[smokinman]

i'm not sure if this would be the forum to ask this question, but here goes: does anyone know anything about copyright law as it pertains to recipes? or does anyone know where i could locate some information?...i'm working on a cookbook myself and i might be working with one of my old professors to write an intro level college cooking text...we've both been looking and can't find any specific info...it seems that the standard "three consecutive words" rule for plagarism couldn't apply in this case...any input would be greatly appreciated...thanks in advance

[Mezzaluna]

Smokinman, try typing "copyright" into the search engine on this board, and you'll see a number of threads on the topic.

If you need more information, we're here to help!

[Suzanne]

If you scroll down through the posts on this thread to the post by "cdh" near the bottom of the first page, you'll find some very-much-to-the-point information from a lawyer. I can't presume to summarize the info, just have a look.

[smokinman]

D'oh!...didn't even think to do a search...and thanks for the link...

[thebighat]

What an interesting reply. Why didn't I think to take up law? I once signed a non-compete that had a radius of 25 miles, and a duration of three years. Never do that again without a lawyer. What b.s. I'm thinking of turning over some of the formulas to the earthy crunchy grocery chain I work for now.

[lsharrott]

The post from the other thread did a really good job at explaining the law. I have also run into this issue and agree with his legal theory. I have a web site on which I offer recipes, amongst other things, and asked the same question. After speaking to several seasoned editors I got almost that exact answer. A recipe is a very hard thing to copy write. The text yes but the recipes content no. More or less the recipe just needs to be rewritten your own words.
The other topic is interesting too. Non-compete clauses in employment contracts are very difficult to enforce. I think that companies use them mainly to scare people into not competing. The courts are not about to limit your ability to make a living wage so generally these cases are thrown out.

[phatch]

While copyright doesn't apply to recipes themselves, cookbook publishers are very familiar with the recipes of the big hitters. James Beard, Rumbauer, Child, Emeril, and so on.

They recognize these because they are so well known. So while there is nothing preventing you from using those recipes data, editors tend to not publish books that swipe them without credit and permission. They want new ideas and twists and techniques.

Phil

[Ronn]

And keep in mind that "there is no such thing as a new recipe....just one that has been reworked".
People have been cooking for how long & in how many countries nothing is really that new just different.

[ChefHogan]

Something that has been reworked is new. There are new things created all the time by people everywhere, I just do not like it when someone takes a traditional dish, reworks it and then calls it by the traditional name.

Originally posted by Ronn
And keep in mind that "there is no such thing as a new recipe....just one that has been reworked".
People have been cooking for how long & in how many countries nothing is really that new just different.