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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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Thanks Angela, he is just shooting his mouth off. There have not been any
"Original" recipes in over a hundred years. Simply because a site Says the recipe is copyrighted, doesn't necessarily mean it is copyrighted. The courts would have to decide that, and I don't think they want to go to the expence involved in a court battle, unless they could prove a substantial loss of income from posting the recipe in a news group. "Angela Arnold" > wrote in message om... > 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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