Selling Cakes From Other People's Recipes

Business By Ecope Updated 22 Aug 2008 , 7:05pm by Ecope

Ecope Posted 22 Aug 2008 , 5:58pm
post #1 of 7

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!

6 replies
JoAnnB Posted 22 Aug 2008 , 5:59pm
post #2 of 7

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.

Ecope Posted 22 Aug 2008 , 6:07pm
post #3 of 7

I'm sorry. I don't get what you mean by written...
So sorry!

nisha_ru Posted 22 Aug 2008 , 6:11pm
post #4 of 7

I think she means you can't copy that recipe and sell it somewhere else.

azeboi2005 Posted 22 Aug 2008 , 6:13pm
post #5 of 7

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.

cakelady99 Posted 22 Aug 2008 , 7:03pm
post #6 of 7

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.

From: http://smallbusiness.findlaw.com/copyright/copyright-realworld/recipe-copyrighting.html

"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."

Ecope Posted 22 Aug 2008 , 7:05pm
post #7 of 7

oh ok. got it. thanks so much everyone!

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