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About a year or so ago, I was doing a search for Thai recipes when I
came across a website for an importer of Thai foodstuff - ingredients, cookware, etc. I looked through their extensive recipe collection and thought that it looked rather good, but something about the recipes rang familiar. I searched other links and came across the Philpotts' recipes (Ian and Muoi) that I had seen in various newsgroups and mailing lists in years past and was happy to have found them again. When reading through a few of them, I realized that the recipes found on the retailer's website that they had claimed to be their own recipes, were in fact those written by Ian K. Philpott - some of the recipes had the occasional measurement change, but the description, ingredients, and methods were the same, word for word (except in situations where Ian wrote "my wife", the retailer swapped "we" or "our"). I wrote to the retailer and asked them what was up - the response I got was that the recipes were indeed found online, but that they took a lot of time in testing out each recipe, blah blah blah. But that didn't explain why the Philpotts' recipes were claimed as the retailer's own, word for word with no credit given to the Philpotts whatsoever. I also contacted the owner of another website who did have the Philpotts recipe collection, but he gave credit where credit was due and he was aware of the situation with the retailer, but he felt that piracy was so rampant that his hands were tied and he felt that there was nothing to be done. So, a recent discussion on another group recipe copyrights made me think about this retailer again. Maybe if enough people raised a stink about it, they'd either give proper credit to the Philpotts or they'd take the recipes down instead of trying to profit off of them. What would you do? Yeah, maybe I shouldn't care so much because it's not hurting me personally, but I knew Ian through the few mailing lists that we were both members of before he passed away and so in a very small way, I feel like his "legacy" needs to be protected, y'know? N. |
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spamalicious wrote:
> About a year or so ago, I was doing a search for Thai recipes when I > came across a website for an importer of Thai foodstuff - ingredients, > cookware, etc. I looked through their extensive recipe collection and > thought that it looked rather good, but something about the recipes rang > familiar. I searched other links and came across the Philpotts' recipes > (Ian and Muoi) that I had seen in various newsgroups and mailing lists > in years past and was happy to have found them again. When reading > through a few of them, I realized that the recipes found on the > retailer's website that they had claimed to be their own recipes, were > in fact those written by Ian K. Philpott - some of the recipes had the > occasional measurement change, but the description, ingredients, and > methods were the same, word for word (except in situations where Ian > wrote "my wife", the retailer swapped "we" or "our"). > > I wrote to the retailer and asked them what was up - the response I got > was that the recipes were indeed found online, but that they took a lot > of time in testing out each recipe, blah blah blah. But that didn't > explain why the Philpotts' recipes were claimed as the retailer's own, > word for word with no credit given to the Philpotts whatsoever. I also > contacted the owner of another website who did have the Philpotts recipe > collection, but he gave credit where credit was due and he was aware of > the situation with the retailer, but he felt that piracy was so rampant > that his hands were tied and he felt that there was nothing to be done. > > So, a recent discussion on another group recipe copyrights made me > think about this retailer again. Maybe if enough people raised a stink > about it, they'd either give proper credit to the Philpotts or they'd > take the recipes down instead of trying to profit off of them. What > would you do? Yeah, maybe I shouldn't care so much because it's not > hurting me personally, but I knew Ian through the few mailing lists that > we were both members of before he passed away and so in a very small > way, I feel like his "legacy" needs to be protected, y'know? > > N. Generally, the list of ingredients is not copyrightable, but the assembly and cooking directions might be. The more detailed and wordy the directions, the more likely it is covered by copyright. Then, even if the individual recipes cannot be copyrighted, I think the collection can be. Enforcement of a copyright on a recipe is gonna be difficult. For one thing, how would damages be assessed? It might be best to just start a smear campaign against the thief who republished them without giving credit to the author, and try to pressure them into giving the credit that is due. I know it really ****es me off to find my original recipes republished without my permission and without any attribution, but there's not much I can do about it. Best regards, Bob |
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spamalicious wrote:
> About a year or so ago, I was doing a search for Thai recipes when I > came across a website for an importer of Thai foodstuff - ingredients, > cookware, etc. I looked through their extensive recipe collection and > thought that it looked rather good, but something about the recipes rang > familiar. I searched other links and came across the Philpotts' recipes > (Ian and Muoi) that I had seen in various newsgroups and mailing lists > in years past and was happy to have found them again. When reading > through a few of them, I realized that the recipes found on the > retailer's website that they had claimed to be their own recipes, were > in fact those written by Ian K. Philpott - some of the recipes had the > occasional measurement change, but the description, ingredients, and > methods were the same, word for word (except in situations where Ian > wrote "my wife", the retailer swapped "we" or "our"). > > I wrote to the retailer and asked them what was up - the response I got > was that the recipes were indeed found online, but that they took a lot > of time in testing out each recipe, blah blah blah. But that didn't > explain why the Philpotts' recipes were claimed as the retailer's own, > word for word with no credit given to the Philpotts whatsoever. I also > contacted the owner of another website who did have the Philpotts recipe > collection, but he gave credit where credit was due and he was aware of > the situation with the retailer, but he felt that piracy was so rampant > that his hands were tied and he felt that there was nothing to be done. > > So, a recent discussion on another group recipe copyrights made me > think about this retailer again. Maybe if enough people raised a stink > about it, they'd either give proper credit to the Philpotts or they'd > take the recipes down instead of trying to profit off of them. What > would you do? Yeah, maybe I shouldn't care so much because it's not > hurting me personally, but I knew Ian through the few mailing lists that > we were both members of before he passed away and so in a very small > way, I feel like his "legacy" needs to be protected, y'know? > > N. Generally, the list of ingredients is not copyrightable, but the assembly and cooking directions might be. The more detailed and wordy the directions, the more likely it is covered by copyright. Then, even if the individual recipes cannot be copyrighted, I think the collection can be. Enforcement of a copyright on a recipe is gonna be difficult. For one thing, how would damages be assessed? It might be best to just start a smear campaign against the thief who republished them without giving credit to the author, and try to pressure them into giving the credit that is due. I know it really ****es me off to find my original recipes republished without my permission and without any attribution, but there's not much I can do about it. Best regards, Bob |
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>spamalicious wrote:
>> About a year or so ago, I was doing a search for Thai recipes when I >> came across a website for an importer of Thai foodstuff - ingredients, >> cookware, etc. I looked through their extensive recipe collection and >> thought that it looked rather good, but something about the recipes rang >> familiar. I searched other links and came across the Philpotts' recipes >> (Ian and Muoi) that I had seen in various newsgroups and mailing lists >> in years past and was happy to have found them again. When reading >> through a few of them, I realized that the recipes found on the >> retailer's website that they had claimed to be their own recipes, were >> in fact those written by Ian K. Philpott - some of the recipes had the >> occasional measurement change, but the description, ingredients, and >> methods were the same, word for word (except in situations where Ian >> wrote "my wife", the retailer swapped "we" or "our"). >> >> I wrote to the retailer and asked them what was up - the response I got >> was that the recipes were indeed found online, but that they took a lot >> of time in testing out each recipe, blah blah blah. But that didn't >> explain why the Philpotts' recipes were claimed as the retailer's own, >> word for word with no credit given to the Philpotts whatsoever. I also >> contacted the owner of another website who did have the Philpotts recipe >> collection, but he gave credit where credit was due and he was aware of >> the situation with the retailer, but he felt that piracy was so rampant >> that his hands were tied and he felt that there was nothing to be done. >> >> So, a recent discussion on another group recipe copyrights made me >> think about this retailer again. Maybe if enough people raised a stink >> about it, they'd either give proper credit to the Philpotts or they'd >> take the recipes down instead of trying to profit off of them. What >> would you do? Yeah, maybe I shouldn't care so much because it's not >> hurting me personally, but I knew Ian through the few mailing lists that >> we were both members of before he passed away and so in a very small >> way, I feel like his "legacy" needs to be protected, y'know? Individual recipes per se (list of ingredients and directions) cannot be copyrighted, however accompanying ancecdotal text may qualify for copyright protection. ---= BOYCOTT FRANCE (belgium) GERMANY--SPAIN =--- ---= Move UNITED NATIONS To Paris =--- ********* "Life would be devoid of all meaning were it without tribulation." Sheldon ```````````` |
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spamalicious > wrote:
> When reading > through a few of them, I realized that the recipes found on the > retailer's website that they had claimed to be their own recipes, were > in fact those written by Ian K. Philpott - some of the recipes had the > occasional measurement change, but the description, ingredients, and > methods were the same, word for word (except in situations where Ian > wrote "my wife", the retailer swapped "we" or "our"). It is generally held, at least in the USA, that a list of ingredients cannot be copyrighted, but an accompanying text, whether constituting directions or not, can be - *if* it constitutes a "substantial literary expression". I have once posted a lengthy message on the subject - see <http://groups-beta.google.com/group/rec.food.cooking/msg/f3ace0c0eeeeb7a3>. However, the late Col. Philpott posted from Thailand and the recipes were his wife's, a Thai citizen. Copyright in the international context - and especially its interpretation - may well be somewhat different. After all, there is still no such thing as universally accepted international copyright, the Bern Convention notwithstanding. AFAIK, neither Col. Philpott, nor his wife, have ever released a commercial - or just any - collection of their recipes. I doubt they would (have) object(ed) to a non-commercial publication of the posted recipes with a faithful attribution. It is, apparently not the case in the present instance. So, if what you say is true, the perpetrators are true rats and should be caused as much pain and embarrassment as one can muster. Victor |
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spamalicious > wrote:
> When reading > through a few of them, I realized that the recipes found on the > retailer's website that they had claimed to be their own recipes, were > in fact those written by Ian K. Philpott - some of the recipes had the > occasional measurement change, but the description, ingredients, and > methods were the same, word for word (except in situations where Ian > wrote "my wife", the retailer swapped "we" or "our"). It is generally held, at least in the USA, that a list of ingredients cannot be copyrighted, but an accompanying text, whether constituting directions or not, can be - *if* it constitutes a "substantial literary expression". I have once posted a lengthy message on the subject - see <http://groups-beta.google.com/group/rec.food.cooking/msg/f3ace0c0eeeeb7a3>. However, the late Col. Philpott posted from Thailand and the recipes were his wife's, a Thai citizen. Copyright in the international context - and especially its interpretation - may well be somewhat different. After all, there is still no such thing as universally accepted international copyright, the Bern Convention notwithstanding. AFAIK, neither Col. Philpott, nor his wife, have ever released a commercial - or just any - collection of their recipes. I doubt they would (have) object(ed) to a non-commercial publication of the posted recipes with a faithful attribution. It is, apparently not the case in the present instance. So, if what you say is true, the perpetrators are true rats and should be caused as much pain and embarrassment as one can muster. Victor |
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