Author Topic: Copyright  (Read 1845 times)

Online theDarkSide

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Re: Copyright
« Reply #15 on: October 17, 2013, 05:24:29 AM »
I have a very good scrambled egg technique. It has been copyrighted. Ya'll are warned! :)
I bet you whisk them counter-clockwise, huh?
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Online mtnrockhopper

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Re: Copyright
« Reply #16 on: October 17, 2013, 05:48:38 AM »
Copyright essentially provides no protection for recipes beyond the written form of the recipe.  Copyright would make it illegal for someone to reproduce the exact form of the recipe but does not make it illegal for someone to make beer from your recipe.  If you want, you can still put a copyright sign on your recipe and put your name next to it. 

Sincerely, your friendly intellectual property attorney.
I heard years ago, probably in a similar discussion, that you cannot copyright a single recipe, only a collection of recipes (like a cookbook). Is that true?

Edit: I suppose since a single recipe is a process to make a product, it would fit more with patents than copyright (if the recipe was truely innovative).
« Last Edit: October 17, 2013, 05:50:56 AM by mtnrockhopper »
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Offline dak0415

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Re: Copyright
« Reply #17 on: October 17, 2013, 06:19:05 AM »
I have a very good scrambled egg technique. It has been copyrighted. Ya'll are warned! :)
I bet you whisk them counter-clockwise, huh?
I have heard that it is only legal to do that in Australia, New Zealand, etc.
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Offline kramerog

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Re: Copyright
« Reply #18 on: October 17, 2013, 07:22:32 AM »

I heard years ago, probably in a similar discussion, that you cannot copyright a single recipe, only a collection of recipes (like a cookbook). Is that true?


You can register a copyright for a recipe and for a cookbook but the protection is very slim.  Copyright on a recipe makes it illegal to photocopy the recipe, but probably doesn't prevent someone from copying the recipe but expressing it in their own words.  The copyright for a cookbook can also protect the selection and order of recipes.  A copyright does not prevent anyone from following the recipe.
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Offline reverseapachemaster

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Re: Copyright
« Reply #19 on: October 17, 2013, 07:34:05 AM »
You cannot copyright a recipe from the standpoint of merely copyrighting a set of ingredients and instructions. You can copyright the text of a recipe if the text provides some creative work beyond just the list of ingredients and instructions. The copyright applies to your text and does not prevent people from using the recipe or extracting the ingredients and instructions and replicating them.

I have a very good scrambled egg technique. It has been copyrighted. Ya'll are warned! :)

To combat the frequent statement, even by other lawyers, that one cannot copyright a recipe, an IP attorney registered a copyright for a scrambled egg recipe. I couldn't find his actual recipe but here is a link to his blog where he gives the registration number: http://interactionlaw.com/wordpress/2011/05/29/copyrighted-recipe-for-scrambled-eggs/

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Offline punatic

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Re: Copyright
« Reply #20 on: October 17, 2013, 08:48:10 AM »
A friend of mine has written a gozillion cookbooks.  They are all copyrighted and sell like crazy.  Every single one of his recipes in those cookbooks are available for free on the internet.  He believes posting them there for free has increased sales of his books.

I cook from his recipes a lot.  They are the starting points for the dishes I like to cook.  I tweak and modify them to my own liking.

« Last Edit: October 17, 2013, 08:51:36 AM by punatic »
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Offline tschmidlin

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Re: Copyright
« Reply #21 on: October 17, 2013, 09:13:49 AM »
A copyright does not prevent anyone from following the recipe.
This is the main point I think, since this is what people want when they say they want to copyright a recipe.
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Offline bluesman

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Re: Copyright
« Reply #22 on: October 17, 2013, 09:24:41 AM »
Even if one could copyright a recipe...there's the issue of policing or "proving" that the recipe has actually been duplicated. It just doesn't work in this sense.
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Offline Joe Sr.

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Re: Copyright
« Reply #23 on: October 17, 2013, 09:50:37 AM »
The only way to totally duplicate it is
Same grain bill
Same hops
Same water
Same yeast
Same equipment
Same brewer

I think all of these play into the finished product.

Hmmm.  I brew the same recipes over and over.  There are differences between each batch. 

There may be differences in the maltster, although I'm pretty consistent on where/what I buy.  The hops may not be from the same harvest.  Pitching rate is pretty consistent, fermentation temp is pretty consistent.

It is difficult to produce homebrewed beer that does not have some batch to batch variability.  Duplicating someone else's beer I would have to say is nigh impossible.
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Offline klickitat jim

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Re: Copyright
« Reply #24 on: October 17, 2013, 09:54:49 AM »
Agreed. That's what I meant by same.

Offline majorvices

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Re: Copyright
« Reply #25 on: October 20, 2013, 05:32:54 AM »
I just copyrighted using 2 row as a basemalt.
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Offline erockrph

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Re: Copyright
« Reply #26 on: October 20, 2013, 06:10:52 AM »
I just copyrighted using 2 row as a basemalt.

Dammit, I better grab up Maris Otter before all the good ones are gone.
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Offline HoosierBrew

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Re: Copyright
« Reply #27 on: October 20, 2013, 07:00:06 AM »
Think I'll try to copyright the use of water in my beer.  That's probably a tough get.  ;D
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Offline klickitat jim

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Re: Copyright
« Reply #28 on: October 20, 2013, 08:50:46 AM »
I just copyrighted using 2 row as a basemalt.

Dammit, I better grab up Maris Otter before all the good ones are gone.
Too late, I think MO uses 2row... so he already beat you to it.

Online mtnrockhopper

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Re: Copyright
« Reply #29 on: October 20, 2013, 06:40:23 PM »
I just copyrighted using 2 row as a basemalt.
No, that would be a patent. You could copyright that sentence though.  ;D
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