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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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Angela Arnold wrote:
> 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 Very well done, Angela, but he is doing it for HIS benefit at the core. See how many posts there are telling him to take a hike. jim |
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