this post was submitted on 31 Oct 2024
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Today I Learned

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References

  • "Are Recipes Protected by Copyright Law?". Kiera Boyd. Fasken. The Angle. Lexology. Published: 2021-07-07. Accessed: 2024-10-31T04:50Z. https://www.lexology.com/library/detail.aspx?g=bc2cc721-99bc-47f0-be4f-727f25421201.
    • In [Publications International, Ltd. v. Meredith Corp. 88 F.3d 473 (7th Cir. 1996) ], the court stated that a functional list of ingredients cannot be considered original within the meaning of the Copyright Act.

    • In Lambing v. Godiva Chocolatier, 142 F. 3d 434 (6th Cir. 1998) [Lambing], the court stated plainly that recipes are not protected by copyright, completely ignoring the possibility that a recipe could contain enough expressive elements to make it copyrightable.

    • Canadian courts have not yet addressed the issue of copyright in recipes [...]. Under Canadian copyright law, facts, formulas, and ideas are not protected by copyright. This means that just like in the U.S., recipes which only list ingredients (facts) and the steps that one takes to complete the recipe (formulas) are likely not protected by copyright in Canada.

    • Based on current Canadian copyright law and the leading caselaw on the subject in the U.S., a list of ingredients or matter-of-fact instructions regarding the process of creating a recipe is unlikely to be protected by copyright law.

  • keepitquickk. "Is it unethical to use online recipes for my restaurant? Am I stealing someone’s work?". r/NoStupidQuestions. Reddit. Published: 2021-11-16T16:00:59.196Z. Accessed: 2024-10-31T04:58Z. https://www.reddit.com/r/NoStupidQuestions/comments/qvb0gy/comment/hkv7xg6/.
    • [...] you can't copyright a recipe [...]

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[–] Nurse_Robot@lemmy.world 5 points 1 week ago (8 children)

And what ingredient is that? 👀

[–] unmagical@lemmy.ml 6 points 1 week ago* (last edited 1 week ago) (4 children)

Coca leaves. They're de-coked prior to use, but they're still a controlled substance. Coke has an exception built into the law that effectively makes them the only ~~country~~ company in the US that can access them (possibly outside of medical, I'm not really sure and don't care to check). There's not a lot in the drink anymore as it is, just enough to keep the name.

[–] mox@lemmy.sdf.org 11 points 1 week ago (3 children)

Coke has an exception built into the law that effectively makes them the only country in the US that can access them

TIL Coca-Cola is a country in the US.

[–] unmagical@lemmy.ml 4 points 1 week ago

Yep, swipe input with midnight brain do be making those alternative facts. Thanks for pointing it out.

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