Recipes and Copyright

[Zona]

What are the copyright laws on recipes? I see a lot of receipe sites for sale and I am curious who owns the rights to recipes?

- Thanks

 

[IAmAllanShore]

http://allrecipes.com/help/aboutus/legal.aspx

-Allan :gl:

 

[jberryhill]

Recipes are a special case, and it could depend on what you mean by "recipe".

What is protected by copyright is "expression", not "information", and that can be a difficult distinction for some people to wrap their heads around.

Given that, I'll simply quote the US Copyright Office on this one:

http://www.copyright.gov/fls/fl122.html

Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.

Consider these two recipes for scrambled eggs:

Recipe A:

Ingredients:
2 eggs
oil
Directions:
Beat eggs
Fry in oil over medium to high heat

Recipe 2:

When I scramble eggs, I like to first put some olive oil in a frying pan and heat it to just above medium. You have to be careful if you are frying with olive oil, because the fats in it will burn at a lower temperature than vegetable oil, so you can't fry at as high a temperature than you can with vegetable oil. Now, I know some people like to use a whisk and mix in some milk, for fluffy eggs, but I don't like my eggs fluffy and uniform, and I prefer a more "marbled" appearance and meatier texture. So, I crack the eggs right into the pan and then use a spatula to mix the eggs while they are frying. I also sprinkle in just a little bit of salt, and coarsely grind some black pepper into the eggs before turning them over.

Okay, so there are two things that someone could call "recipes". Can you guess which one would be more likely to qualify for copyright protection?

The first correct answer will receive my recipe for deep fried twinkies and a prescription for Lipitor.

 

[mis_chiff]

Okay, so there are two things that someone could call "recipes". Can you guess which one would be more likely to qualify for copyright protection?

The first correct answer will receive my recipe for deep fried twinkies and a prescription for Lipitor.

I would say the second one?
Based on the quote you included with it.

if it's right...you can keep the Lipitor - but deep fried twinkies...yum!

 

[jberryhill]

Ingredients

# 6 Twinkies
# Popsicle sticks
# 4 cups vegetable oil
# Flour for dusting
# 1 cup milk
# 2 tablespoons vinegar
# 1 Tablespoon oil
# 1 cup flour
# 1 teaspoon baking powder
# 1/2 teaspoon salt

Directions

1. Chill or freeze Twinkies for several hours or overnight.

2. Heat 4 cups vegetable oil in deep fryer to about 375 degrees.

3. Mix together milk, vinegar and oil.

4. In another bowl, blend flour, baking powder and salt.

5. Whisk wet ingredients into dry and continue mixing until smooth. Refrigerate while oil heats.

6. Push stick into Twinkie lengthwise, leaving about 2 inches to use as a handle, dust with flour and dip into the batter. Rotate Twinkie until batter covers entire cake.

7. Place carefully in hot oil. The Twinkie will float, so hold it under with a utensil to ensure even browning. It should turn golden in 3 to 4 minutes. Depending on the size of your deep fryer, you might be able to fry only one at a time, two at the most.

8. Remove Twinkie to paper towel and let drain. Remove stick and allow Twinkie to sit for about 5 minutes before serving.

Makes 6.

 

[mis_chiff]

Thanks for the recipe, that one isin't copyrighted...right?
I'll have to give them a try!
I never knew they were real :lol:

 

[Corey]

I got a recipe site

http://www.foodrecipes.cc/

 

[Zona]

Thanks John. The explanation is very much appreciated.