![]() Several cookbook writers said they simply didn’t think about copyright protections when writing recipes. “I think this is a situation where the law has shaped recipes, far more than recipes have shaped the law,” he said. Bailey, the copyright expert, said the lack of legal protections for recipes may help explain why so many cookbooks now have creative elements like narrative essays and beautiful photography, both of which can be copyrighted. ![]() “I have more examples in my memory bank of people who have kind of furthered the culinary arts by engaging with other people’s recipes and bringing their own transformation to them than people who have ripped other people off.” “I think it is a good thing in the world that many people have different ways for making chocolate chip cookies,” Mr. He said placing copyright protections on recipes would harm the genre. My role has been reduced to just the translator.”īut when a white author develops Thai recipes, she said, “these people are considered scholars because they come from a different culture.” (On the other hand, they may be accused of another type of unethical borrowing - cultural appropriation.) People see her as simply sharing long-held knowledge, she said, “although I spent the time and expense testing the recipes to come up with what I think is the best formula. Punyaratabandhu said she felt more vulnerable to recipe theft as a Thai person documenting traditional Thai recipes. “When you feel like your stories, your work, your investment ends up benefiting people who are already higher up in the hierarchy of fame, it tempts me to go to a place I don’t want to go, which is to hoard knowledge,” said Leela Punyaratabandhu, who has written three Southeast Asian cookbooks. While the technology and music industries have pushed successfully to change copyright law in their fields, “there is not a big powerful lobby to push anything through for individual recipes,” she said.Īs a result, some cookbook authors feel less willing to publish their treasured recipes. Written recipes are a relatively new invention many cultures passed down culinary traditions orally. When the nation’s copyright law was first codified in 1790, cooking was seen as a woman’s domestic responsibility rather than as a professional activity, Ms. If the instructions are written with enough literary flourish, she said, they may be sufficiently creative to be copyrightable. The introductions, photography and design that accompany a recipe can be covered by a copyright, as can the cookbook as a whole, or a specific sequence of recipes, said Sara Hawkins, a business and intellectual property lawyer in Phoenix. The law views a recipe merely as a factual list of ingredients and basic steps rather than as creative expression. “It has become so tempting in this environment to just take rather than to create,” he said. Bailey said many cookbook authors are used to the free exchange of ideas on social media, and may not be conscious of the importance of giving credit. “It is easier to find stuff to plagiarize, it is easier to plagiarize and it is easier to publish whatever you plagiarize.” Whatever the merits of those cases, Jonathan Bailey, a copyright expert in New Orleans, said the internet and self-publishing on platforms like Amazon have made borrowing more common. Seinfeld’s cookbook “ Deceptively Delicious,” about hiding healthful ingredients in children’s meals, stole the concept of her cookbook “ The Sneaky Chef.” A court ruled that Ms. Twelve years later, Missy Chase Lapine sued Jessica Seinfeld, claiming that Ms. Haigh's apparent borrowing from a fellow Singaporean author with a smaller following. The news was breathlessly covered online, and readers took to social media to express outrage over Ms. Haigh, who has never replied publicly to the accusations, didn’t respond to requests for an interview.) Wee declined to comment for this article, and Ms. “I am grateful that Bloomsbury has responded to my concerns by withdrawing ‘Makan’ from circulation,” Ms. ( Eater later reported that “Makan” included recipes and passages almost identical to those in two other cookbooks.) Wee’s personal recollections, in much the same language - material that could be protected by copyright laws in both Britain and the United States. Haigh’s native Singapore, contained recipes and stories nearly identical to ones in her own 2012 cookbook, “ Growing Up in a Nonya Kitchen.” Ms. The author Sharon Wee had noticed that “Makan,” about the cuisine of Ms.
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