Recipes and Copyright Madness
Can a Recipe Be Stolen?By Joyce Gemperlein
Special to The Washington Post
Wednesday, January 4, 2006; F01Like most teenagers, Dana Simms and 11 other members of the Tilden Woods Swim Team know more about iPods and Google than about pea pods and kugel. So when they began soliciting recipes for a cookbook to benefit cancer research last summer, they were startled that technology and cooking converged.
"We all know about plagiarism, copyright and intellectual property rights issues, but we hadn't given them a thought when it came to the cookbook," said Simms, a junior at Walter Johnson High School in Bethesda. When a potential contributor fretted about handing over a recipe for Toll House cookies that appears online, in many cookbooks -- and on bags of semisweet chocolate chips -- "we did begin to worry a little," she said.
The girls knew the legal concepts from high school, and copyright and intellectual property issues were being drummed into them because of lawsuits on downloading music into MP3 players and iPods. But here were similar issues in the kitchen.
Some friends and relatives were hesitant to contribute favorite recipes that had been culled from cookbooks or online databases. Could they be accused of plagiarism or a violation of intellectual property rights? What if the recipes were tweaked? Is using a smidge more mayonnaise in a chicken salad and substituting mango chunks for peaches enough to call the recipe your own? It's one thing to hand down a family recipe from one generation to the next, but what about offering a not-entirely-original recipe for publication in a cookbook, even for a charitable cause?
"What this reflects is a rising awareness over the last 20 years of copyright issues . . . and the chilling effect of copyright enforcement . . . people being intimidated out of using basic common sense about things that would or should never generate a lawsuit," said Siva Vaidhyanathan, author of "Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity."
It's highly unlikely, he said, that anyone would be sued for putting someone else's published recipe -- with or without attribution -- in a charity cookbook or posting it on the Internet where it can be disseminated to millions of cooks almost instantly. In fact, said Vaidhyanathan, an assistant professor of culture and communications at New York University, it would be unusual even to receive a nasty letter about it. "There isn't [big] money at stake." ...