Q&A

Are recipes in books copyrighted?

Are recipes in books copyrighted?

Copyright law protects original works of authorship that are fixed in a tangible medium of expression. However, despite meeting most of the requirements, standing alone, recipes are usually not protected by copyright.

When can you claim a recipe as your own?

According to the U.S. Copyright Office, a “description, explanation, or illustration” that accompanies a recipe is protected by law. This means you cannot simply copy and paste the recipe instructions and use them as your own. You can, however, use a pre-existing recipe for inspiration.

How much do you have to change a recipe?

Here in the food writing world, many of us follow an informal standard that you need to make at least three changes before you can claim credit for a recipe. Those changes need to be more substantial than changing 1/2 teaspoon salt to 1/4 teaspoon, although the changes don’t have to just be in the ingredients.

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What is fair use and how does it work?

What is Fair Use? Fair Use is a U.S. law that allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner.

Do recipes have copyright issues?

The answer to that question is a resounding “No!” There are just ways that we should all probably get used to handling recipes and the copyright issues associated with them. Here are some of the points that I found in my research.

Do you write to food writers when they re-publish your recipes?

Food writers asked several questions. Lesley has generously answered them — in plain English. 1. When someone re-publishes my recipes word for word (headnote, instructions, variations, etc.) without attribution, I usually write to them and try to work it out.

Are recipes in the public domain?

In the United States, recipes and cookbooks that were written before 1923 are in the public domain but there is the caveat that if they were renewed after 1978, their copyright is current! There are some sites where thousands of recipes can be found. I will list some sites below.