topic Re: Are there copyright issues with using a recipe on a product? in Ask a Question

Are there copyright issues with using a recipe on a product?

LindaS1 — Wed, 22 Mar 2023 20:32:01 GMT

Are there copyright issues with recipes? For example, what if I want to use something readily available online, like the Nestle Tollhouse recipe. Or a recipe that is pretty generic like sugar cookies. Can I use these? Thx!

Re: Are there copyright issues with using a recipe on a product?

Cat — Wed, 22 Mar 2023 21:02:49 GMT

I would absolutely NOT use something like Nestle Tollhouse recipes as I'm sure both "Nestle" and "Nestle Tollhouse" are trademarked - so your product would likely get deleted by the contact management team. In terms of something more "generic" I think I'd be inclined to at least tweak the recipe a bit so it's not exactly the same as something published in a popular cookbook or anything like that.

Re: Are there copyright issues with using a recipe on a product?

PenguinPower — Wed, 22 Mar 2023 21:28:16 GMT

You definitely cannot use brand names... but single recipes themselves are very rarely copyright eligible.
https://copyrightalliance.org/are-recipes-cookbooks-protected-by-copyright/

Re: Are there copyright issues with using a recipe on a product?

idraw — Wed, 22 Mar 2023 22:26:40 GMT

@LindaS1
good info here about copyright and recipes—-
<https://www.copyrightlaws.com/copyright-protection-recipes/>
Recipe books can hold copyright.

Btw, just because something is “readily available on the internet” DOES NOT mean it is not registered with the copyright office. Also, brand names are trademarked, look for their trade mark which is their mark of trade next to the name , the TM symbol or the R symbol.

Re: Are there copyright issues with using a recipe on a product?

Badeesie — Thu, 23 Mar 2023 00:55:07 GMT

Recipe books can and do hold copyright, but as @PenguinPower said, the recipes themselves usually can't. But crediting the source of the recipe could bring issues with trademark infringement, and using the recipe without giving credit might be considered plagiarism (which is a different issue than copyright infringement).

Re: Are there copyright issues with using a recipe on a product?

idraw — Thu, 23 Mar 2023 01:46:14 GMT

@LindaS1
Copyright info about recipes which may have appeared in a recipe book—-
since there is no way to determine if any particular recipe was ever in a recipe book…it’s iffy.

<https://www.copyright.gov/help/faq/faq-protect.html>

How do I protect my recipe?
A mere listing of ingredients is not protected under copyright law. 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 collection of recipes as in a cookbook, there may be a basis for copyright protection.. See Circular 33, Works Not Protected by Copyright

Re: Are there copyright issues with using a recipe on a product?

PenguinPower — Thu, 23 Mar 2023 04:02:56 GMT

It’s the book/collection as a whole that may become copyrighted material, the individual recipes are generally still not eligible unless the writing goes above and beyond just instructions.

Re: Are there copyright issues with using a recipe on a product?

Sara_H — Thu, 23 Mar 2023 11:11:33 GMT

Agree with @Cat . Maybe put one of your own recipes as sample text and allow the customer to edit it for their own recipe?

Re: Are there copyright issues with using a recipe on a product?

LindaS1 — Thu, 23 Mar 2023 21:36:45 GMT

Thank you, everyone! I used a generic oatmeal raisin recipe and changed the wording a bit. Customers can replace with their own recipe if they want to.

Re: Are there copyright issues with using a recipe on a product?

Barbara — Fri, 24 Mar 2023 17:34:33 GMT

This is a simple kitchen poster I created that was designed so customers could use their own favorite recipes. I'm showing it, not because it's a hot seller (it isn't), but because it may work for you as a jumping-off point:

Best Recipe on Red Gingham for the Kitchen
by colorwash

Colorwash's Home