Copyright Overview

Recipes

Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.

Where there is only a limited number of ways to express an idea, such as in a recipe or mere listing of ingredients, copyright protection is not available. However, the original expression of arranging recipes in some particular creative manner could be protected as a compilation. "Original" means that the author produced the work by his or her own intellectual effort, as distinguished from copying an existing work.

For example, in a cookbook, while the listing of ingredients may not be individually protected, the book itself would be protected as an original work of authorship. Copyright protection would extend to any description, explanation, or illustration, assuming that the requirements of the copyright law are met. The originality requirement would be satisfied because of the creative effort involved in arranging or combining the various recipes into a book.

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