this post was submitted on 31 Oct 2024
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Today I Learned

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138
TIL that recipes are not protected by copyright law in the USA (and likely Canada) (sh.itjust.works)
submitted 3 weeks ago* (last edited 3 weeks ago) by Kalcifer@sh.itjust.works to c/til@lemmy.world
36 comments fedilink hide all child comments
 

References

  • "Are Recipes Protected by Copyright Law?". Kiera Boyd. Fasken. The Angle. Lexology. Published: 2021-07-07. Accessed: 2024-10-31T04:50Z. https://www.lexology.com/library/detail.aspx?g=bc2cc721-99bc-47f0-be4f-727f25421201.

    • In [Publications International, Ltd. v. Meredith Corp. 88 F.3d 473 (7th Cir. 1996) ], the court stated that a functional list of ingredients cannot be considered original within the meaning of the Copyright Act.

    • In Lambing v. Godiva Chocolatier, 142 F. 3d 434 (6th Cir. 1998) [Lambing], the court stated plainly that recipes are not protected by copyright, completely ignoring the possibility that a recipe could contain enough expressive elements to make it copyrightable.

    • Canadian courts have not yet addressed the issue of copyright in recipes [...]. Under Canadian copyright law, facts, formulas, and ideas are not protected by copyright. This means that just like in the U.S., recipes which only list ingredients (facts) and the steps that one takes to complete the recipe (formulas) are likely not protected by copyright in Canada.

    • Based on current Canadian copyright law and the leading caselaw on the subject in the U.S., a list of ingredients or matter-of-fact instructions regarding the process of creating a recipe is unlikely to be protected by copyright law.

  • keepitquickk. "Is it unethical to use online recipes for my restaurant? Am I stealing someone’s work?". r/NoStupidQuestions. Reddit. Published: 2021-11-16T16:00:59.196Z. Accessed: 2024-10-31T04:58Z. https://www.reddit.com/r/NoStupidQuestions/comments/qvb0gy/comment/hkv7xg6/.

    • [...] you can't copyright a recipe [...]

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[–] captain_aggravated@sh.itjust.works 8 points 3 weeks ago

If you can do so without some other crime such as breaking and entering, sure. If you can buy a bottle of coke off the shelf and then reverse engineer its formula, there's not much they can legally do about that.