Did you know that recipes are not copyrightable? It is very challenging to copyright a recipe. That said, I have found that 99.99% of food bloggers and others in the industry give credit where it is due. On that note, I especially enjoy Lillian’s interpretation of my recipes via video on her site Lillian’s Test Kitchen. And kudos go to all the other bloggers out there doing what Lillian does day in and day out.
Unfortunately, sometimes things can go awry when it comes to recipe usage. And here’s an example of that. A couple of months ago, I received a comment from one of my readers regarding a recipe for gluten free pancakes on my website.
Oh, one odd thing… I used a brand of almond flour that I found at a local health food store called Dowd & Rogers and they had the exact same pancake recipe printed on the back of the bag. The only difference is that they said to mix in a blender (instead of saying the Vitamix brand). Not sure if it means anything but thought Elana may want to know…
That was a message from katie h, one of my readers, and I didn’t take it too seriously. However, weeks later, when I compared the two recipes I could see right away what she was talking about.
2 large eggs
¼ cup agave
1 tablespoon vanilla
½ cup water
1 ½ cups almond flour
½ teaspoon salt
½ teaspoon baking soda
grapeseed oil for sautéing
- In a vitamix, combine eggs, agave, vanilla and water and blend on high until smooth
- Add almond flour, salt and baking soda and blend again to incorporate dry ingredients into batter
- Warm grapeseed oil in a large skillet over medium heat
- Pour pancake batter onto skillet
- Pancakes will form little bubbles, when bubbles open, flip pancakes over and cook other side
- Remove from heat to a plate
- Repeat process with remaining batter, adding more oil to skillet as needed
* The funniest part of all this is that this isn’t my best pancake recipe
So, I contacted the parent company, the Neutraceutical Corporation of Dowd & Rogers and this is what I was told:
The law regarding copyrightability of food recipes is very clear: recipes are not copyrightable… In short, your letter alleging copyright protection in a recipe is completely meritless.
This legalese seems to be saying that Dowd & Rogers and their parent company the Neutraceutical Corporation can use as many of my (and your) recipes as they like to sell their products. And that they do not need to give any of us credit.
I have more than 350 recipes on this site and after receiving a letter such as the above start to wonder which one Dowd & Rogers will help themselves to next.
I’m not a lawyer, however, something seems amiss here. Wonder if any of you have run into this as well.
Averie (LoveVeggiesAndYoga) says
OMG I just posted a blog post so eerily similar to what you posted. I was saving my thoughts for Friday, b/c on my blog, it’s Hot Topic Friday. It’s about crediting and linking back recipes in the sphere. I gave my full on thoughts there. Some of my readers told me you posted something to this effect today. I am so sorry this happened to you and that there is indeed a difference in ethics vs. law. I err on the side of ethics when the law would allow me to do much more. Not only in recipes, but in life.
here is my post on the topic, it’s at the bottom of my blog entry if you care to read it
http://www.loveveggiesandyoga.com/2010/03/snacks-clothes-hot-topic-friday.html
Lillian Medville says
Elana, thank you so much for the shout out!! I am (obviously) a huge fan of yours and I am so very flattered and gratified to know that you like what I’m doing. :)
Janet (Pantry Bites) says
Great post Elana. Although recipes are not protected by copyright laws, I would say that you definitely have your unique way of cooking that would at least make me recognize one of your recipes whether it is credited to you or not.
Anna says
Hello from Canada Elana! Yes, it’s a total bummer, but maybe also a compliment? My husband owns a restaurant and we run it together, people always stealing menus and taking pictures of the layout and decor, you almost have to desensitize yourself to the fact that people will always try to gain success by riding on your coat-tails (sp?). This should not deter you however, dear Elana, you and your faithful followers know how hard you work to develop these recipes for us, a labor of love, a selfless act, most appreciated as you can tell from the support flowing in. Hold your head high and know that you are doing good for so many, the few that take advantage will fade in comparison. PS, I would also pay a monthly fee to have access to your blog, and I’m sure others would as well. The information you give is definitely worth it!
Ruth says
When we did a church cookbook, our librarian, who is VERY particular, said that the list of ingredients is not copyrightable, but the description of what to do with the ingredients is. So, in my highly non-expert opinion, they did not break copyright law by printing your list of ingredients, but they did cross the line by copying nearly verbatim your description of what to do with the ingredients.
Just my two cents.
Sorry this happened to you.
Karen says
I belong to a beading chat group (or two…) and we have had similar discussions because someone there took a recipe I developed and shared it freely. This person is rabid about her copyrights on her bead designs. I always supported her right to receive credit where due…but when I called her on my recipe, she informed me that it was ‘different’. That sparked quite an intense debate on the board and left some leaving bruised and bloody (me). While your ingredient list cannot be copyrighted, the directions and ‘how to’ is protected under US copyright law. If you know good attorney, you might have them draft a letter… Plus, you know, none of us will be purchasing any of their products. They are clearly morally and ethically corrupt as a company. Who wants to bring that energy into their home?
Let us know if there is anything we can do to assist you in this. You clearly have a lot of support here. We not only appreciate the recipes you so freely share, we appreciate all you share in expertise and experience and who you are. So, just let us know how to help…..
Tina Marie Williams says
This very thing woke me last night. Ever since I came on the scene last summer, another blogger began calling herself Gluten-Free Tina. I just want to yell, “FOUL PLAY!”.
On another note, my son and I love your site. We printed off your Peppermint Patties and the Nut Butter Cup recipes. We can’t decide which one to make first!
Keep up the great work!
Tina
Kimikins says
Legal and ethical sometimes are not the same. I agree with the person earlier about karma. I also agree that I will immediately boycott their products, will share this information with others about this rude response and will suggest that store owners not carry their products.
You have a wonderful site with great recipes. I received your book as a Christmas gift and use it all the time. LOVE the almond flour from Honeyville. Keep up the great experiments with the kids. You will just have to take the high road on this one and keep on with the good work.
Dianne says
It’s so crazy! Elana, I love your recipes! What would make you happy? Boycott, letter-writing campaign? A massive uprising of enraged cooks of online recipes? I’m willing.
eileen says
I am shocked to hear this and sorry that it has happened – especially as I’m about to make two of your recipes from the Almond Flour cookbook that I LOVE.
I am going to write to Dowd & Rogers to express my disappointment. Perhaps if everyone took a moment to share their thoughts with the company, they may find a way to rectify the situation to everyone’s satisfaction. info@dowdandrogers.com
Elana, you have offered us your best and have helped more people than you will ever know – only good can come from this! Keep going!!