How to Copyright a Recipe: Recipe Attribution
How to Copyright a Recipe
“If it wasn't for people sharing recipes, mankind would not have survived.” ~ Laurie Colwin, Food Writer
Families pass down recipes from generation to generation. Recipes have been printed on cereal boxes, cocoa tins, oatmeal cans—you get the picture—for decades. All recipes originate somewhere. So how do you know when a recipe has been plagiarized?
Speaking strictly of legalities, note the following quote from the Copyright Office of the U.S. Government:
"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."
A list of ingredients cannot be copyrighted. But what about the rest of the recipe? That is open to debate. However, copying a recipe word-for-word would most definitely fall into the realm of plagiarism. Between cooks, though, the issue at stake is not so much legality as respect.
According to David Lebovitz, renowned pastry chef and cookbook author, there are three rules of thumb followed by food writers:
- If your recipe is a slightly modified version of someone else’s recipe, you should qualify it as “adapted from”.
- If your recipe is still similar to an original recipe, use the label “inspired by” and then acknowledge the recipe from which you drew inspiration.
- If you change more than 3 ingredients, use your own methods to combine those ingredients and then rewrite the instructions in your own words, you can call the recipe yours.
If in doubt, always provide attribution. You should include a link to the recipe’s website or, if from a cookbook, where it is sold on the internet.
A similar principle applies to all online publishing. For example, I read David Lebovitz's "Recipe Attribution" while researching this subject. Would you call my article original, or should it be attributed to Lebovitz?
When Can a Recipe Be Called "Original"?
The answer is somewhat subjective. It has been said there are no new recipes, just reinventions of what has already been done. Hundreds, even thousands of basic recipes have been published for apple pie, chocolate cake, chicken soup, etc. Recipes considered "basic" are fair game since many variations exist and similarities are bound to arise.
Case in point: Hershey's "Perfectly Chocolate" chocolate cake. This recipe has been around for decades and there are many recognizable versions on the internet. You can find it on foodnetwork.com as Barefoot Contessa's "Beatty's Chocolate Cake". On allrecipes.com it's called "Extreme Chocolate Cake". I adapted it for my Moist Chocolate Cake With Cream Cheese Frosting & Cherry Ganache Filling. In most cases, you won't find any attribution to Hershey's. Why? Each cook writes his or her own instructions and pairs the cake with a unique frosting. Chocolate cake is also considered a "basic" recipe and thus fair game.
There are some exceptions. For instance, if you are using an innovative technique borrowed from a specific chef, he or she should receive the credit. Just remember to follow your gut feeling. Be honest, respect the work of others and give credit where credit is due.
Similar Articles:
How Can You Create Your Own Recipes?
What sparks your creativity? Do you draw inspiration from ingredients? If so, a stroll through the local farmer's market might be enough to get the creative juices flowing. Or browse one of the many great photo-driven food "porn" sites out there like TasteSpotting and Zenspotting. You might leaf through a colorful cookbook or eat at your favorite restaurant before attempting a new dish. Reading recipes will also train you in proper proportions and combinations of ingredients. But recipes should just be a starting point. The ingredients and your taste preferences will dictate where creativity leads you.
Now that you have an idea of the dish you’d like to create, put away the cookbooks and experiment with the following steps:
- Make a list of the main ingredients you plan to use, depending on what is available. Try building your recipes around seasonal produce to guarantee the highest quality ingredients.
- Ask yourself: Which herbs or spices would best complement the main ingredients? Which flavors will be prominent in this dish? Sweet or sour, salty or spicy? Try to reach a pleasing balance of flavors, and don’t forget to consider texture.
- Visualize the steps you’ll take and the appearance of the final product. You may want to number the steps, mentally “cooking” before even heading to the kitchen.
- Now that you're ready to cook, take along a notepad and pen. Jot down measurements as you create and take detailed notes of the procedures you follow.
- Don’t forget to take photos to document the process. You may end up publishing some of them along with the recipe.
- What would best finish the dish? Consider sauces or seasoning blends that might add the ultimate final touch.
Most of all, have fun! Cooking is all about the creative process and should be enjoyable. Would you like more inspiration to create recipes? How about in-depth information and methods to create your own recipes? Learn the answers in the following articles:
Now I hear the kitchen calling!
Comments
Very useful and informative hub!
In case of recipes it is really difficult to understand which one is original and which is not. Great explanation in this hub to clarify. Some recipes are all about the method of preparation rather than the ingredients.
Thank you---Pinning and sharing on HP!
This is such a useful and interesting Hub. I have some recipes passed down to me. One day I was planning on creating a cookbook from them. I wasn't sure how any of this worked. Thank you for sharing this knowledge.
Great explanation to clear up the mystery. Some recipes are all about the method of preparation rather than the ingredients. Your explanation has cleared up a lot for me. Thank you.
Had to stop by and share this information with followers. It's all so useful.
This is a very helpful hub. I recently posed a question about this topic and was referred here. After reading this hub, and my own research, I now have a good handle on how to proceed. I definitely agree that, whatever the legalities, it all boils down to respect. I wouldn't want someone to copy my writing without giving me credit. Recipe creation is a creative work of art, in my opinion. Voting up and more and sharing.
What an informative hub! I have been wondering about this, too. Thanks for clearing me up. Voted up and more. Have a nice week Vespa!
Voted Up! and thanks for the information! I make and create a lot of recipes. I take my inspiration from those beloved chefs I see on television or read. I don't want to disrespect their work, but when I know I have done something different, I want to share my recipe(s) with everyone. Thanks for the thorough coverage. Best Regards--Deb
This is great to know, the internet has certainly created a mess when it comes to intellectual property. I've seen my own writings outright plagiarized and had people tell me it's fair because they found it on a free website, or because 'nothing is original anymore'. This is a great reminder that there is nothing wrong with being inspired by other people's work, as long as we attribute it fairly. Even recipes-- I like to change them up and have often wondered at what point I could consider them my own. This clears that up for me. Great hub.
Great thought-provoking hub!
I wondered a lot about this during the recipe contest! I thought the whole point of the contest was to get creative, but a lot of people were copying recipes straight off of other sites and cookbooks.
This information is great to reference! When in doubt, cite!
This is a very interesting subject and I found it useful. It is interesting that the simple listing of ingredients cannot be copyrighted. My husband and I often do create our own recipes only using general guidelines of others through the years. Many of the "old timey" recipes dating back to my grandmother's time...I would have no idea what might have inspired the "original" recipe...particularly with a "pinch" of this or that being given as directions. Up votes and sharing.
This was an interesting read and thanks for shedding some light on this copyright minefield.
I think that many of the issues raised here, are a matter of just good manners.
Where we get our inspiration from, should be acknowledged.
I adapted a recipe from the TV Chefs (the Hairy Bikers)
Although the recipe hub I produced had departed considerably from the original recipe.
I still stated where I got the idea from. They inspired it and therefore deserved mention.
I know that you are a Chef and have read and commented on my hub titled:- Recipes for Blue Cheese Stilton Pear and Nut Quick Quiche
Maybe you could cast your eye over it again, and tell me if I have invented something new? It would be nice to think that I have. : )
It is a weird combination but tastes great.
Thanks tweeting.
Michael
I too have wondered about this issue. Thanks for an excellent hub. Well done!!
Thanks for sharing this important info. Plagiarism is rampant today, so having clarity about the legal definition is important for all writers. I will be linking to your hub from some of mine if that is ok with you. Voted up!
This is a really great hub. I rarely follow a recipe exactly and almost always end up changing ingredients or using a different cooking method. My typical approach is to look at 3 or 4 recipes to get some ideas and then create my own version. So while I'm generally confident in calling a recipe my own creation, it's very helpful to have these guidelines.
Shared and voted up. I find this read very useful, especially for me who often shares recipes and dishes that I do at home. Great hub!!
I always wondered about this topic, thank you for clearing it up for me, very useful info!
Great hub, very informative and helpful. I've refrained from publishing recipes thus far because I'm not a very inventive cook, and I have concerns about copyright. Voted up and useful.
This is a very interesting subject to me. I have often wondered where to "draw the line" between where someone else's recipe ended and my changes began. Very informative!
I didn't know all of this. I have no idea where many of my recipes came from. Some my Mom gave me but I don't know where she got them. Good information. Voted uP!
I have often wondered about this, so good to know. Thank you.
Thank you so much for writing this hub! I have been wondering about this and thus have hesitated writing recipe articles because I didn't really know the rules - I have printed your article for reference! Great information!
This is great advice. I am very interested in recipes on HubPages. I will try to add a link to this from one of my hubs.
Voted up!
This is a good explanation on giving credit to the original source. Good job!
Fantastic hub Vespa!! Perfectly said and all bases covered ^_^ Voting this a bunch and sharing!!
This is quite a useful hub for those who specialize in recipe hubs. As for me, the origins of a recipe are not as important as the taste. Voting this Up and Useful.
Great information. I am printing it out for reference. Up, useful and interesting.
This is great information. Sometimes I get inspiration from a regular recipe and make it vegan through hard thought and trial and error. I have wondered if I should attribute the original but since I change it so much, it might be original. Thank you.
I love this hub! It's like you are reading my mind. These are questions I've struggled with, even foregoing entering the recipe contest because I didn't have the issue of attribution worked out to my satisfaction. You are a good writer.
More than that, you are inspiring me to tackle the next level of cooking. I've been practicing at a greater level of intensity for a couple of years, but I do try to stay close to the recipes. I'd like to understand spices better to be able to make more creative forays into cooking.
Excellent work. Voted up and awesome!
wow I love to cook.. what great useful information.. thank you for sharing this
I am sharing on cooking page on Facebook
Debbie
Great Hub and thanks for the info/quote from the copyright office.
I saw a recipe once for some cookies that used a brand name of coffee. As I read the recipe, I couldn't figure out if I was supposed to use the coffee grounds dry, or actually make the coffee. It seemed like it would be too dry without the water, but it was a lot of coffee to use wet. I searched for the recipe name to see if anyone had made it and could provide more input. I found five copies of the same recipe, all without attribution, and all, it seems, without the person presenting it having made it at all. This copyright thing can be complicated, but it seems that some people don't care at all that they are copying something word for word, without knowing for sure that it is a good recipe!
I saw this question in the feed yesterday and I'm so happy to see that you've written a hub from it. Great job!
Hi vespa,
Great idea to write this as it is such a popular niche here!! It is something I was wondering as I want to do some recipe hubs but was not quite sure on accreditation. Well researched my friend and well explained in easy to understand lingo!
Watch out for my hubs with" inspired by" or" adapted by" vespawoolf !!!! LOL - only joking my friend, I love your recipes just the way they are and wouldn't dream of changing!!!!!
Voted up more and sharing :-)
Very enjoyable article. Thank you. I used to enjoy cooking. That joy now lives on in a "big shot" chef... my daughter.
Okay, that's something I never thought of, but it makes good sense. Obviously someone had to think of the original recipe, right? In this world of copyrights and legalities, I think your hub is quite valuable. Good job and quite original my friend!
Very useful Hub no to mention a very interesting read. Thanks!
Useful hub! I've often wondered about this since recipes are passed down and around. Many times I don't know where they are from. The quote you provided is perfect!
73