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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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Douglas,
You really need to follow your own advice. Below are excerpts from the web site link you posted. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered "fair," such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1.the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.the effect of the use upon the potential market for or value of the copyrighted work. http://www.copyright.gov/fls/fl102.html This is the "fair use" factors I was quoting from in my original post. Exempt from copyright: Mere listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable. http://www.copyright.gov/circs/circ34.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. Protection under the copyright law (title 17 of the United States Code, section 102) extends only to "original works of authorship" that are fixed in a tangible form (a copy). "Original" means merely that the author produced the work *by his own intellectual effort*, as distinguished from copying an existing work. Copyright protection may extend to a description, explanation, or illustration, assuming that the requirements of the copyright law are met. http://www.copyright.gov/fls/fl122.html Since very few recipe directions are actually original, (as anybody knows if they have ever baked or cooked a lot), this would have to be one very unique recipe. There are only so many ways you can prepare foods and many ingredients have to be combined in certain ways in order for them to work properly. As for your statement: "But he DOES deprive the authors/owners of the website of income, by not properly attributing the source, and eliminating the need for people who seek such recipes from going to that site, and clicking on the ads from which the web owners derive their income." Most people looking for recipes do NOT go to the web site in order to click on the banner ads. Actually, I have yet to meet anyone who even clicks on banner ads, due to the risk of virus infection and also because most banners are complete crap and are akin to SPAM. Angel |
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