01-24-2017, 10:02 AM
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#1108
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Interesting - never thought of that.
http://paleomagazine.com/recipe-copyright/
The Ohio case is Tomaydo-Tomahhdo LLC et. al v. Vozary et. al (N.D. Ohio 1/29/2015)
https://ipspotlight.files.wordpress....c-v-vozary.pdf
When addressing the copyright claim, the court quoted an unpublished Sixth Circuit opinion which stated:The identification of ingredients necessary for the preparation of food is a statement of fact…. Thus, recipes are functional distinctions for achieving a result and are excluded from copyright protection.
The court could have — but did not — mention the Copyright Office’s fact sheet on this issue, which states:Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.
Last edited by troutman; 01-24-2017 at 10:04 AM.
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