Is it a violation of copyright if I follow a recipe and sell the
result? For example, if I see a recipe for chocolate chip cookies on
the back of the box of Toll-House, follow that recipe, and then sell
the product, is that product that is sold a violation of any copyright
law? Doesn't the copyright just have to do with my copying the literary
version, the words or the recipe, not the outcome of the formula or
recipe? Thanks for any help.

> wrote in message
ups.com...
> Is it a violation of copyright if I follow a recipe and sell the
> result? For example, if I see a recipe for chocolate chip cookies on
> the back of the box of Toll-House, follow that recipe, and then sell
> the product, is that product that is sold a violation of any copyright
> law?

No

> Doesn't the copyright just have to do with my copying the literary
> version, the words or the recipe, not the outcome of the formula or
> recipe? Thanks for any help.
>

Yes, most recipes cannot be copyrighted. They are merely a list of
ingredients. What can be copyrighted is the verbiage associated with how to
use the list of ingredients.
--
Ed
http://pages.cthome.net/edhome/

wrote:
>
> Is it a violation of copyright if I follow a recipe and sell
> the result? For example, if I see a recipe for chocolate chip
> cookies on the back of the box of Toll-House, follow that recipe,
> and then sell the product, is that product that is sold a
> violation of any copyright law? Doesn't the copyright just
> have to do with my copying the literary version, the words or
> the recipe, not the outcome of the formula or
> recipe? Thanks for any help.

You can sell the cookies. If the inventor of the
recipe wanted protection over the cookies, he or she
should have sought a patent (which likely would have
expired by now).

wrote:

> Is it a violation of copyright if I follow a recipe and sell the
> result? For example, if I see a recipe for chocolate chip cookies on
> the back of the box of Toll-House, follow that recipe, and then sell
> the product, is that product that is sold a violation of any copyright
> law? Doesn't the copyright just have to do with my copying the literary
> version, the words or the recipe, not the outcome of the formula or
> recipe? Thanks for any help.


Of course not. The copyrighted recipe has nothing to do with the end
product. If you sell them as "Toll House" cookings that would be a
trademark infringement.

Andy

Sir, you have answered me on several forums before. You are a busy man!

In article . com>,
wrote:

> Is it a violation of copyright if I follow a recipe and sell the
> result? For example, if I see a recipe for chocolate chip cookies on
> the back of the box of Toll-House, follow that recipe, and then sell
> the product, is that product that is sold a violation of any copyright
> law? Doesn't the copyright just have to do with my copying the literary
> version, the words or the recipe, not the outcome of the formula or
> recipe? Thanks for any help.
>

If that were the case, then Toll House could sue every single high
school fund raiser that had a bake sale.

Get real. ;-)

Cheers!
--
Om.

"My mother never saw the irony in calling me a son-of-a-bitch." -Jack Nicholson

OmManiPadmeOmelet wrote:
>
> If that were the case, then Toll House could sue every single
> high school fund raiser that had a bake sale.

If they have a valid trademark, they could.
But they may choose not to either because
a) it would be bad publicity or b) the
litigation cost would not justify the
potential reward. That happens all the time.
>
> Get real. ;-)

Take you own advice. :-)

In article >,
Mark Thorson > wrote:

> OmManiPadmeOmelet wrote:
> >
> > If that were the case, then Toll House could sue every single
> > high school fund raiser that had a bake sale.
>
> If they have a valid trademark, they could.
> But they may choose not to either because
> a) it would be bad publicity or b) the
> litigation cost would not justify the
> potential reward. That happens all the time.
> >
> > Get real. ;-)
>
> Take you own advice. :-)

;-d ;-P ;-d ;-P PTHTHTHHHTHTHTHT!!!!!

You take newsgroups WAY too seriously!

Cheers!
--
Om.

"My mother never saw the irony in calling me a son-of-a-bitch." -Jack Nicholson

Here is what the Government just emailed me (I sent almost the
identical question):

"No. Recipes or formulas are not protected by copyright. It is only
when a recipe 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, that there may be a basis for copyright
protection. Even then, it does not protect the listing of ingredients
or prevent others from preparing the recipe.


***********rg***********************
Copyright Office
Library of Congress
101 Independence Ave SE
Washington DC 20559
(202) 707-3000
www.copyright.gov
**********************************"

On 30 Oct 2005 13:32:57 -0800, wrote:

> Is it a violation of copyright if I follow a recipe and sell the
> result? For example, if I see a recipe for chocolate chip cookies on
> the back of the box of Toll-House, follow that recipe, and then sell
> the product, is that product that is sold a violation of any copyright
> law? Doesn't the copyright just have to do with my copying the literary
> version, the words or the recipe, not the outcome of the formula or
> recipe? Thanks for any help.

I have absolutely no idea... but you could alter an ingredient or
cooking time slightly and there you go...no more problems - it's just
like doing a field study. Recipes aren't as complicated as the music
industry, if that's what drove your query.

wrote:
> Here is what the Government just emailed me (I sent almost the
> identical question):
>
> "No. Recipes or formulas are not protected by copyright. It is only
> when a recipe 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, that there may be a basis for copyright
> protection. Even then, it does not protect the listing of ingredients
> or prevent others from preparing the recipe.
>
>
> ***********rg***********************
> Copyright Office
> Library of Congress
> 101 Independence Ave SE
> Washington DC 20559
> (202) 707-3000
> www.copyright.gov
> **********************************"
>

Where exactly did you email to ask the question? The reason I ask is -
a very similar question has come up in a quilting group that I frequent.
I would like to get an "official" answer

Thanks in Advance

Roberta (in VA)

In article <sur9f.11498$vS1.2088@dukeread03>,
Roberta > wrote:

> Where exactly did you email to ask the question? The reason I ask is -
> a very similar question has come up in a quilting group that I frequent.
> I would like to get an "official" answer
>
> Thanks in Advance
>
> Roberta (in VA)

Hi Roberta!

You can ask questions he

http://www.copyright.gov/help/

Do not expect some people on the list to believe the answer though :-)

marcella

Marcella Peek wrote:
> In article <sur9f.11498$vS1.2088@dukeread03>,
> Roberta > wrote:
>
>
>>Where exactly did you email to ask the question? The reason I ask is -
>>a very similar question has come up in a quilting group that I frequent.
>> I would like to get an "official" answer
>>
>>Thanks in Advance
>>
>>Roberta (in VA)
>
>
> Hi Roberta!
>
> You can ask questions he
>
> http://www.copyright.gov/help/
>
> Do not expect some people on the list to believe the answer though :-)
>
> marcella

Thanks Marcella Good to see you here! If you know as much about food
as you do quilting I am gonna google every one of your posts *G*

Yeah - I realize that not everyone would believe me if I posted there -
I really just want to know for "me"

Roberta (in VA)

In article <sur9f.11498$vS1.2088@dukeread03>,
Roberta > wrote:

> Where exactly did you email to ask the question? The reason I ask is -
> a very similar question has come up in a quilting group that I frequent.
> I would like to get an "official" answer

A very similar question comes up on the knitting groups as well. I
am curious as to the true, legal answer. Please post to the list which
department you email. Thanks.

Regards,
Ranee

Remove do not & spam to e-mail me.

"She seeks wool and flax, and works with willing hands." Prov 31:13

http://arabianknits.blogspot.com/
http://talesfromthekitchen.blogspot.com/