Re: Re: Re: COPYWRITING RECIPES

Subject: Re: Re: Re: Re: COPYWRITING RECIPES

Comments:
: : Hello! : : Does anyone know if these laws are the same in UK? And where can i find info about them? : : Fabio Lins : : : : How do you go about copywriting a recipe? How do I ensure that the idea can not be stolen? : : : 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") : : : AND as a compilation of recipes which appear in a serial publication or cookbook. Together, the choice of selecting certain recipes and organizing them in some special fashion, can also be protected under copyright. : : : 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 : Dear Mr. Lins, : The copyright won't protect a recipe. The best chefs keep the recipes secret. In rare instances a patent might apply. With patents just having one may not give the protection you need. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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