Is this legal? I ask because I've tried some great recipes from other people, as well as doctored cake mixes. I just wanted to make sure that I'm not doing anything illegal.
Thanks so much!
About the only thing 'protected' in a recipe is the written instructions of a printed recipe. You can bake and sell from any recipe you choose.
I'm sorry. I don't get what you mean by written...
I think she means you can't copy that recipe and sell it somewhere else.
what she means is if you cannot publish another person's reciepe and pass it on as your own. so if you use a reciepe from say a collette peter's book, you cannot go and write and publish a book with her reciepe verbatim.
if you use a reciepe to bake the cake and sell the cake it's fine.
From the US Copyright Office:
"Mere listings of ingredients as in recipes, formulas, compounds, or prescriptions are not subject to copyright protection. However, when 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."
Unless you were to copy the instructions and description word for word, recipes typically don't have copyright protection even when published.
"The short answer is that a single recipe is unlikely to receive much, if any, copyright protection, and a collection of recipes will be protected in its creative aspects, but less protected as to the specific ingredients and steps required to prepare a given dish. An author or cook considering publishing his or her recipes should approach the subject carefully."
oh ok. got it. thanks so much everyone!