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Mexican Cooking (alt.food.mexican-cooking) A newsgroup created for the discussion and sharing of mexican food and recipes. |
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Therein lies a problem. The man is not in violation of copyright laws
because he is posting recipes he finds on web sites, no more than anyone else is for posting any recipe. You can not copyright a single recipe, only a collection of published recipes in the form of a recipe book. Meaning that someone could reprint or pass-on any recipe from that book or source as long as they didn't copy the entire source (book, web site, etc.) completely and exactly. You can not copyright a fact or idea, only the manner in which they are presented and a recipe falls under facts and ideas. Just like you can't copyright a song, only the lyrics. Even if there were copyright laws for single recipes, he still would not be in violation because he is not reproducing them for profit, nor is he claiming to be the author of the recipes. This is because there are certain infringements that the copyright law excuses under the doctrine of "fair use." In an effort to define fair use, the copyright law provides a four-factor test and failure to obtain profit or personal claim falls under one of these factors, thus making it exempt. Here are some links about copyright laws and recipes (among others). http://www.uncletaz.com/backyard/entheta/copyrght.html http://www.keytlaw.com/Copyrights/faqs.htm#q1 http://www.ext.colostate.edu/pubs/octnews/oc020403.html http://www.eff.org/IP/ip_and_electronic_data.paper He is not in violation of any copyright laws, although there may be something said about ethics. But, since he is not deriving anything from posting these recipes and is only doing so for the benefit of others, there is nothing unethical about it. Especially since he is not depriving the authors of any income in doing so (these recipes are free for anyone to read and use-the sites do not charge you to have access to them.) Angel |
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