If you're changing a recipe with a copyright, how much do you have to change it before it's no longer under the copyright?
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M$4 Answers
Make sure that the lawyer references his or her findings.
Also, you need to figure out exactly what you can and can't reprint. Again, a lawyer can prepare a cited list for you.
If you want to really "pro it up", ask the lawyer to draft a sample off-the-shelf initial response to a copyright claim. The lawyer will warn you that "every case is unique", blah, blah, blah... relay that that this is for informational purposes only so that you'll be prepared in the event of a claim.
I'm sorry that this isn't a specific answer, Trace. However, what you're asking is "grey". Creating derived works is often on the illegal side of the grey copyright line so you need to be careful.
However, don't let this stop you. Your service sounds VERY interesting. A bit of leg work like this is required for great ideas like yours.
As a side tip, you should look at what Photojojo (http://www.photojojo.com) does with it's blog / newsletter. They're very savvy about sending out (albeit photography) tips and processes.
Oh... where can I sign up?
:)
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M$
"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."
So it sounds like the biggest thing to watch out for is using original language for the instructional portion of the recipes. Even if there is a slight variation in terms of the ingredients and amounts used, you should be okay, but the important step is to make sure you are distinctly separating the 'written' portion of the recipe from the original.
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M$
Yes, mostly since it's describing a process, it sounds like from my own research I should be fine. The main thing I'm selling is not the recipes, though, but the planning service.
I think you want to avoid even the appearance of copying the part that is "substantial literary expression in the form of an explanation or directions".
Basically if something *is* the subject of copyright, you have no right to take it and amend it in the first place.
But the ideas in the material are not subject to copyright, so if you explain it all in your own words, you should be fine.
"Whip with hearty vigor until stiff peaks appear. Tall and sharp, not dowdy little mounds that sag sadly."
OK...you can't copy that. (Well, technically since I wrote it, I'm granting you permission to copy it.)
The recipe itself is a list of materials, mechanical and machinery requirements, and assembly instructions.
If it is unique enough for protection under the law...it would be a patent.
So, write with vigor. Make the instructions in your own voice. It may take more time to re-write, but the finished work will flow better. You can tell even on web sites when the copy-paste method has been used and abused.
If credibility is lost on one aspect of your proposition, the consumer may see less value. Why am I paying for copy-past here? Am I getting copy-paste everywhere else too?
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M$
Thanks, Rob! If you've seen some of the recipes I've posted here in response to questions you'll have at least a little idea.
Do you think that selling the planning service that *includes* the recipes that are changed a bit from the original is different than just selling recipes? I did find a note online from a law office that said something about "collections of recipes", i.e., cookbooks, could possibly be covered by copyright law, but not individual recipes.
Yes, I plan to charge for it, because it's not just recipes: it's the whole shebang, from having a ready-made shopping list to telling you not just how to put together one recipe, but putting the night's recipes together all at once. Plus coding the list, so that if you know you're not going to be home one night, you can just easily scratch everything for that night off the list.
What I'm doing isn't really selling the recipes, but the planning service, I think.
And if this does go live, I'll let you know. :-)
Trace, this is a great idea!
I would love to subscribe to something like this.
The success of it may come down to the actual quality of your content and the how effectively you market it.
No, I don't think that the other things you're packaging with the reproduced content changes things.
You're taking something that someone else created and redistributing it. Even if you change or improve on it, it is a "derived work". However, like I said this is all "grey". Copyright itself is loose and online it's rare that someone would take your level of care to protect the original author.
I'd really e-mail this off to a few lawyers. You'll be able to rest easy knowing EXACTLY what the rules are in plain black-and-white.
Again, great idea... if you need some help to think about marketing and whatnot, the ideas are rolling through my head!