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Re: Re: Re: Recipe[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ] Posted by M. Arthur Auslander on May 18, 2003 at 20:59:01: In Reply to: Re: Re: Recipe posted by Lucrezia on May 18, 2003 at 04:52:50: : If you sell a product based on a recipe that is created from a recipe that is part of a collection covered under copyright are you required to pay a royalty to the holder of the copyright? : : : Can a recipe for a product being sold to the public be copywritten. and if so, how do you do it? : : 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: 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 Dear Lucrezia, M. Arthur Auslander
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