Cook's Magazine Claims Web Is Public Domain

Isarian writes with a story, as reported on Gawker and many other places, that "Cooks Source Magazine is being raked over the coals today as word spreads about its theft of a recipe from Monica Gaudio, a recipe author who discovered her recipe has been published without her knowledge. When confronting the publisher of the offending magazine, she was told, 'But honestly Monica, the web is considered "public domain" and you should be happy we just didn't "lift" your whole article and put someone else's name on it!' In addition to the story passing around online, Cooks Source Magazine's Facebook page is being overwhelmed with posts by users glad to explain copyright law to the wayward publisher."

Comments

A recipe might not be copyrightable...

[SETIGuy]

Under U.S. law a recipe is can only be protected by copyright if it contains significant literary or artistic expression. Even then, if it can be reduced to a list of ingredients and a list of simple steps, that list of ingredients and list of steps can be copied because they do not include the literary or artistic portions. For example, suppose you have a recipe for a Bourbon Manhattan...

• 3 oz Bourbon
• 1 oz Sweet Vermouth
• 1/2 tsp Maraschino Cherry Syrup
• Dash Angostura Bitters

1. Pour ingredients into cocktail shaker full of ice.

2. Cover and shake 5 times

3. Strain into martini glass.

There's nothing there to copyright. Anyone can take it and reproduce it. If I include several paragraphs of how to choose Bourbon, then it is subject to copyright. But that copyright covers the artistic content, not the ingredient list or steps to follow. The ingredient list and the steps are yours to take and to put into your own bartenders guide. All you need to do is strip out the copyrightable content and you're in the clear.

Of course in this case I don't see a link to the offending recipe, so there's no way for me to know whether it is subject to copyright or not.