# Copyright Policy



## mish (Nov 1, 2005)

Sorry to see this, but had a feeling it was coming, as I've seen many copy and posted recipes, pics and links - and am aware of sites that do not allow any of above-mentioned. Sadly I'm concerned this might leave this site a ghost town - or just a cut and dry tried and true recipe site.  Keep us posted as to the rules.  TIA.


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## GB (Nov 1, 2005)

Just to alleviate any fears, this does not mean that you can no longer post recipes. You can still post them, but they just need to be in your own words. You can also post links to recipes as long as the recipes are printed with the permission of the author. For instance, you can still post a link to a recipe on FoodTV. You can not copy and past that recipe here though. This policy is actually in place to protect DC and all of it's members because if found violating these laws both DC and the user who posted could be fined $150,000 for each violation. Stay tuned as we will have a written policy that will explain what you can and can not do in detail. We just need to make sure we have the wording right before we roll it out.


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## mish (Nov 1, 2005)

Again, this is very sad.  I don't see how every member will get permission to post a cartoon, pic, recipe. What can we do to allow sharing on every level?  TIA


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## GB (Nov 1, 2005)

mish said:
			
		

> What can we do to allow sharing on every level?


Get the government to rewrite the copyright laws.

Seriously though, this is the law. Just as you would not steal a candy bar from a store, you can not steal someone else's intellectual property and that is exactly what it is when a recipe is posted without permission.

Again, you can still post recipes, but you need to put them in your own words. If a recipe says drop the pasta into boiling water then you can change it to say place the penne into water that has been brought to a rolling boil.


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## htc (Nov 1, 2005)

GB, maybe I'm trying to find a grey area where it's supposed to be black and white. Please comment on this & let me know if it's acceptable:

When I post a recipe that is requested by someone from some specific source (be it cookbook or TV personality's recipe) if I post the ingredients list exactly as it appears on the original recipe, but then change the steps (directions) part to my own words, I'm not infringing on any laws, and it's ok?? This way we can still share recipes with those looking for stuff. Thanks


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## crewsk (Nov 1, 2005)

Exactly htc!


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## jennyema (Nov 1, 2005)

Right.  The list of ingredients is not copyrightable, but the description of how the recipe is made is.  

The standard for copyright infringement is *"substatially similar."*

So you need to rewrite the description in your own words so that it is not substatially similar to the original.  Then you are good to go.  Changing a word here and there isn't enough.


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## Piccolina (Nov 1, 2005)

When I first discovered DC one of the first questions I asked was about copyright policies on the forum, and I got very mixed (helpful, but mixed) answers. I'd been thinking for some time now that a "formal" policy would be an eventuality. As a website owner/admin (I'm sure lots of us here are) I see where the DC "higher ups" are coming from, even if they are not directly liable for the material that is posted by users, the users themselves can be liable. Fun as it is to post great recipe finds as easily as "copying and pasting them", there is a risk involved there as GB has clearly pointed out. I'm sure the vast majority of us will get used to the changes and adapt, as the last thing we would want to see is the site and/or any of our own in a difficult situation!!!


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## GB (Nov 1, 2005)

Piccolina said:
			
		

> I'm sure the vast majority of us will get used to the changes and adapt


Exactly, and I think most people will find it is really not that much of an inconvenience once they start doing it. On top of that, they will have the good feeling of knowing they are not stealing from anyone  

It will be an adjustment, that is for sure, but we will all get used to it and we will still be able to have the same quality and quantity of recipes on the site.


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## kitchenelf (Nov 1, 2005)

Also, don't forget that when you make a recipe and change amounts of ingredients or adding new or taking away ingredients it becomes your recipe - Just make sure you change the wording in the method to reflect that.

It's not that big a deal really mish - it just takes a few extra key strokes.


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## jennyema (Nov 1, 2005)

Since the ingredients aren't copyrighted, changing them without changing the expression of how to make the recipe to not be substantially similar to the original is not enough.

Eg, changing 1/2 cup red wine to 1 cup red wine in the ingredient list and then also changing the amount in the narrative of how the recipe is made is not enough to have made it not substantially similar.


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## Andy M. (Nov 1, 2005)

Keep in mind that you can simply post a link to the recipe, rather than cutting and pasting it here, and you don't have to change anything.


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## Michael in FtW (Nov 1, 2005)

I think this is going to turn out to be a matter of, "The bark is worse than the bite." DC _having_ rules will cause some to agonize more over having to follow rules than they will suffer from _following_ the rules. Most DC members are already legal _most_ of the time. 

The Admins and Moderators just need to come up with an explanation of what can and can't be done legally, worded in such a way that everyone can understand it, so that everyone can be 100% legit all the time. Trust me - it's proving to be harder to explain than it will be to follow.


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## marmalady (Nov 1, 2005)

Andy M. said:
			
		

> Keep in mind that you can simply post a link to the recipe, rather than cutting and pasting it here, and you don't have to change anything.


 
Weird that this just came up, as I've been blissfully posting links and all of a sudden wondered if that was 'kosher'; good to know it is!

Admins - are there any sites - ie, 'competitive sites', that you don't wish links posted to?


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## kitchenelf (Nov 1, 2005)

jennyema said:
			
		

> Since the ingredients aren't copyrighted, changing them without changing the expression of how to make the recipe to not be substantially similar to the original is not enough.
> 
> Eg, changing 1/2 cup red wine to 1 cup red wine in the ingredient list and then also changing the amount in the narrative of how the recipe is made is not enough to have made it not substantially similar.



I was thinking along the lines of it being a more substantial change than something like that.  But very good point nonetheless.


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## shannon in KS (Nov 1, 2005)

I occasionally visit a similar site that defines this topic in detail to its users prior to registration.  It too says: post a link to the address, do not use trademarked names when naming a recipe, and the instructions are copyrighted, not the ingredients, suggesting alter your instructions.  Also, the member has to agree to this policy before membership, and contained within, the company states they do not guarantee the integrity and accuracy of the content, thus they are also not liable.  Hopefully this information will soon be available in writing and easily accessed for reference to DC users so we may all happily continue to enjoy this site together!  I would go through serious withdrawal if for some reason something happened to DC!


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