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Posted by Stephen L. Anderson on July 11, 2002 at 19:06:37:
In Reply to: recipes posted by charlie niessner on May 29, 2002 at 03:04:52:
COPYRIGHTS: RECIPES AND FORMULAS
1) Copyright is a form of protection provided to authors of "original works of authorship", including literary, artistic, dramatic, musical, graphic artsand other creations.
Copyright protects the author's original creative expression as contained in the work but DOES NOT usually extend to any idea, procedure, process, method, system, discovery, name, title or slogan.
Therefore, while COPYRIGHT PROTECTION may be available for the unique expressive aspects of your recipe: (e.g., "a pinch of sugar, a dash of salt, smoke a cigar and drink and a malt" ) it may not be sufficient to protect the actual recipe or formula: (e.g., 1/2 tsp: sugar, 1/4 tsp: salt).
Even simple recipes (like a Peanut Butter & Jelly Sandwich) can be protected (to some limited extent) both as independent and creative expression (e.g., "lightly toast each side of your favorite whole grain base before gingerly spreading a thin layer of fresh preserves")
While you cannot generally reproduce the work of others, IT IS NOT COPYRIGHT INFRINGEMENT TO "REVERSE-ENGINEER" a recipe or to describe the recipe or process IN YOUR OWN WORDS.
You should give a footnote credit to your source where appropriate and you should never quote extensively from, design a derivative work around or utilize any substantial portion of someone else's work without license.
For more information about copyrights and copyright protection, visit our site: www.copyrightpros.com
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