MightyRecruiterRegistering for a copyright can be a great way to protect creative works and retain the legal right to profit from individual invention. While applying for copyright protection is simple, the law limits the types and forms of art and expression that will be offered shelter from unauthorized replication. Different laws and precedents apply to individual recipes, published cookbooks and secret formulas used by some corporations for monetary gain. Understanding the sets of laws that govern recipe protection is imperative when seeking for copyright for a published or unpublished formula.
Interpreting the Law
Traditional copyright law protects specific expressions and tangible works of art or creativity. It excludes procedures, processes, concepts, systems, methods of operation and principles. In making these omissions, the regulations seek to protect the end product of a creative process, rather than the steps the creator took to reach that product.
Although the Copyright Act of 1975 provides protection for literary works, recipes evade categorization as works of literature according to traditional parameters and prior court rulings. They also do not fit into any of the other specifically-mentioned categories, such as sound recordings, choreography and works of architecture. Courts have traditionally ruled that recipes hold more similarity to the exceptions to copyright law rather than the covered items.
Collected Works
While an individual recipe is usually afforded no protection under the law, published cook books or recipe collections are nearly always copyrighted and may retain protection under standard regulations. These books usually include chapter introductions, anecdotes or other small literary essays that set them apart from individual recipes. Because they include creative expression, these books may not be copied.
There have been several cases, some dating back to the 1800s, wherein courts have protected certain collections of recipes when they have been blatantly copied in their entirety or republished with only minor changes. While these instances give some safeguards for collected works, they do not stretch to protect each individual recipe within the collection. Lists of ingredients or specific steps for completing a recipe are unlikely to be sheltered by such decisions.
Trade Secrets
Many companies, such as soda manufacturers, rely on specific recipes or formulas for the success of their business. While these recipes cannot be copyrighted, they are offered shelter under the designation of “trade secret.” When a formula is considered a trade secret, the creator has the option of utilizing nondisclosure agreements to guard against the unauthorized sharing of specific ingredients or manufacturing instructions. Nondisclosure agreements are traditionally signed by a variety of companies and individuals that may come into contact with secret information, such as:
- Contractors
- Distributors
- Manufacturers
Employees of the above companies must hold any and all recipe information in the strictest of confidence in order to protect the monetary interest of the original business. Although leaking information covered under a signed contract may be punishable by law, using reverse-engineering methods to discover formulas is considered legal research.
Trademarks
Trademarks are another viable option for businesses that want to protect their specific food items. While they are not a copyright and don’t offer exactly the same protection, trademarks are the standard method of creating and protecting name-brand food items.
A trademark, once reserved or registered, prevents other companies from using the same product name and can help solidify brands in consumers’ minds. A classic example of this is Coke® brand cola. While many consumers refer to any cola as a “coke,” they are in reality using a brand name to broadly refer to similar items. In terms of marketing, only The Coca-Cola Company, owners of the trade mark, are allowed to use the title in reference to their product.
While individual recipes are nearly impossible to copyright, there are other options for protecting secret formulas, cookbooks and creative expression often found throughout recipe collections.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.