Does Anyone Know About Copyright To Recipes.........
Business By CrystalsCakes5 Updated 27 Aug 2006 , 4:37am by CrystalsCakes5
Say if you have alot of recipes that you have collected over time and have collected great tips ( this all would be pretty much cake and cake decorating) and you would like to make like a cookbook/tips and ideas combo, and anything that you know of that you got from someone else you gave them credit in the book and dedicated stuff in the book or maybe even the whole book to a resource that you get alot of info from
would that be legal to sell this book?
Thanks everyone.
Processes can't be copyrighted but words can be.
So unless you rewrite whatever you've been sent (or whatever you've found online) you'd be very illegal and it definitely would NOT be okay to publish, let alone sell, the book.
Giving credit and thanks does not mean that you get to steal someone else's work and writing.
First of all, I would not STEAL anything from someone, that is why is why I am asking.
How many cookbooks are out there for sale that has the exact recipes in them.
So you are telling me that no one can publish a book that has a recipe for "Chocolate Cake" even though there are a 1000 other cookbooks out there that has all the same ingredients for chocolate cake, and they are for sale.
I would think that you would be selling your time and effort for putting together a great resource that many would love to buy.
So you are telling me that no one can publish a book that has a recipe for "Chocolate Cake" even though there are a 1000 other cookbooks out there that has all the same ingredients for chocolate cake, and they are for sale.
No. Reread what I wrote.
Lists of ingredients cannot be copyrighted. I can't own the rights to two cups of flour plus 2/3 cup of fat plus 3 Tbsp cold water. Neither can you. Neither can Betty Crocker.
Descriptions of what to do to ingredients are copyrighted. You cannot reprint my instructions (from a book or a website or a chatroom or an email or anywhere else) of what to do to turn 2 cups of flour plus 2/3 cup of fat plus 3 Tbsp of cold water into pie crust. You've got to put the process into your own words.
I would think that you would be selling your time and effort for putting together a great resource that many would love to buy.
That's nice for you but if you put together other people's words it's stealing and you can expect to have problems. It's illegal. It's theft. It doesn't matter if you can find someone to publish it (good luck with that) or someone to buy it. It doesn't matter if you think it would be a great resource. It's still theft and it's still illegal.
Maybe you'd understand this explanation better. It's from the lawyers at eGullet: http://recipes.egullet.org/copyright.php
Quote from egullet link..........
Perhaps you read three or four recipes for the same dish and then construct your own using ideas from each. Posting the results of such an experiment is clearly within bounds, and is encouraged.
Suppose, however, that you make a recipe with exactly the ingredients that appear in a copyrighted recipe belonging to someone else. If you post this ingredient list, along with your own description of how you made the final dish from the ingredients, then you technically have not violated copyright law.
Also, anything that you publish, would have to be copyrighted before it would be illegal.
So you could change one word to make it legal.
So you could change one word to make it legal.
Well, no. But if you'd like to think so, have fun.
Good luck finding a publisher.
P.S., Copyright is inherent. You don't have to "get" it to have it.
Any other opinions out there.
If everyone would read my post carefully I did not start this post to argue,
I was mearly asking how would you go about doing something legally like a cake cookbook with tips and ideas.
If I wanted to steal something I would'nt tell you about it first.
Does anyone know how this works or a link to info on how to do a cookbook.
Thank you.
Yes I am asking about this as a way to make money, the same as asking how to make fudge and then selling it for money, or copying a cake from a picture that someone posted and selling it for money.
If I missing the difference here someone else please try and help me understand.
Thank everyone at CC for all you contribute and hope that no one thinks that I am trying to steal anything from anyone!!!!
I think what everyone is trying to say is that as long as you 1) get permission from others whose recipes you are using in the original context, or 2) put those recipes in your own words and ideas, you should be ok to publish a cookbook.
I've seen several different types of publishers that will do cookbooks for people or groups. Just think of your local church groups and Homemaker associations that publish these every year.
Not sure if that is what you are talking about, but I think it would be very neat to do that for extra money for myself or as a fundraiser for a charity.
I say go for it! If this is a dream of yours, and you have the passion to do so, then do it. We know you aren't 'stealing', but wanting to change them to make them your own.
Good Luck.
I don't think that changing a couple of words will get you by. Those technicalities can really come back to bite you, especially if a "big shot" lawyer gets involved.
How about working up a sample of what you want to do and checking with a lawyer, it may cost a little bit now but save you a lot of headache in the long run. Hope you can figure something out, I'm always up for another book to flip through! 
Hey Crystal,
First of all, most recipes are brokered off another person's recipe or idea. Secondly, I don't see anything wrong with giving credit to those who "inspired" your adaptation of a recipe. I've seen that done before. I mean really, how many ways can you give instructions? Without it sounding like every other recipe or similar? The thing is this, if someone calls their chocolate cake "The Best Darn Lil Cake in Texas" then you can't use that name.
Recipes are a strange thing, hard to protect. But product names and such are a different animal altogether. HTH.
The only time a recipe can really be protected is if you have that "special secret ingredient" that is copyright or trademarked or patented/ Think of Coke and Pepsi or Bush's Baked Beans.
Also, you may have gathered recipes throughout the years but added your own special touches or additional ingredients. They are no longer the same recipe, they are now changed and different from the predecessor. KWIM?
That's where the legality of recipes can get a little frustrating, misunderstood and overwhelming.
Now, simply gathering recipes and reprinting and selling on Ebay, well I've seen people do that and the fury they suffer from those who find out that their instructions and recipes have been gleemed.
I suggest giving credit to those who inspired you to formulating or improving upon the base recipes. Next, using your own anecdotes to make the cookbook personal, capturing your personality and spirit, is what is your "intellectual property" and falls under protection.
Just make sure you research and ask questions from a legal professional or those who have knowledge of the legal aspects of it.
http://www.copyright.gov/fls/fl122.html
Say if you have alot of recipes that you have collected over time and have collected great tips ( this all would be pretty much cake and cake decorating) and you would like to make like a cookbook/tips and ideas combo, and anything that you know of that you got from someone else you gave them credit in the book and dedicated stuff in the book or maybe even the whole book to a resource that you get alot of info from
would that be legal to sell this book?
Thanks everyone.
Crystal
To cover yourself, dont just give credit to the people who's tips/ideas/recipes you're going to include in your book, but get written consent that it is ok to do so. That way, once you make money on the book, someone that is disgruntled, can't come back and sue you, you'll have written proof that they said it was ok.
Nati
Thanks everyone for understanding.
Just because I would like to publish a cookbook and make a profit from it doesnt make me a thief.
Everyone in business pretty much uses alot of the same ideas as someone else.
Like a car, the first person who invented the car owns the design of that car but not the actual process of a "car".
The part about mentioning of who gave me the recipe or tip, if it is legal to publish a cookbook of recipes that I have tried and written in my own words, what would be wrong with doing so? and how would you feel about having your (first name and say maybe your city) mentioned by the recipe that inspired it?
How does anyone feel about giving you credit for a tip or recipe that you inspired for the cookbook?
I have now done some research on the web and have read where alot of business actually dont mind you mentioning their name ( exp. hershey, betty crocker) because it actually gives them free advertisement.
Now please, no one take that I meant that Hershey or Betty Crocker woulnd'nt mind. I only used them as an example because those are mentioned alot in recipes.
Once again I do apologize to anyone that I may offended. I did not mean to in anyway. This is something that I had thought about and wanted to ask about it. Just being honest and upfront.
Thanks everyone. I really love it here!!!!
Hey to you to puppyloveconfections.
I see you are from Dallas. I live in Dallas, NC.
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