Am I allowed to publish other people's recipes in my cookbook?
January 26, 2022 | 40,00 EUR | answered by Sandra Altmann
Dear lawyer,
I have a question regarding copyright in relation to the publication of recipes in my cookbook. I am a passionate hobby cook and plan to publish my own cookbook. I would like to use recipes that I have received from other people, whether it be from friends, family, or from cookbooks. However, I am unsure whether I can simply publish these foreign recipes in my own cookbook without violating copyright laws.
The situation is as follows: I have collected a variety of recipes that I would like to share in my cookbook. Some of these recipes come from other people who have provided them to me. I have not obtained written permission from the authors of the recipes to publish them in my cookbook.
My concern is that I may be violating copyright laws if I publish foreign recipes without permission. I do not want to take any legal risks and want to ensure that I take all necessary steps to legally protect myself.
Therefore, my question to you is: Can I publish foreign recipes in my cookbook without obtaining written permission from the authors? Are there possible legal consequences that I could face if I do so anyway? What steps can I take to ensure that I do not violate any copyrights and can publish my cookbook legally?
Thank you in advance for your support and advice on this matter.
Sincerely,
Dirk Müller
Dear Mr. Müller,
Thank you for your inquiry regarding copyright in relation to the publication of recipes in your planned cookbook. It is understandable that you are concerned about whether you can use other people's recipes in your cookbook without the permission of the copyright holder, without violating copyright laws. I will now explain in detail what you should consider in this situation.
Firstly, it is important to understand that recipes as such are generally not protected by copyright. This means that the mere listing of ingredients and preparation steps in itself does not fall under copyright. However, the specific wording of a recipe, especially if it shows a certain level of originality, may be protected by copyright. In this case, using the recipe without the copyright holder's permission would constitute a copyright infringement.
If you wish to use recipes from other individuals, you should make sure to either use recipes that are in the public domain or for which you have explicit permission from the copyright holders. Since you mentioned that you have not obtained written permission from the authors of the recipes, it is advisable to do so afterwards. You should contact the authors and request their permission to use their recipes in your cookbook. A written permission statement would be ideal to legally protect yourself.
If you publish other people's recipes without permission, you could face potential legal consequences. The copyright holders could take action against you and claim damages or demand the cessation of publication. Therefore, it is important to take all necessary steps to ensure that you do not violate any copyright laws.
To publish your cookbook legally, I recommend that you ask for permission from all the copyright holders of the recipes you use. If you do not receive a response or cannot locate the copyright holders, you should make sure to only use recipes that are in the public domain or that you have created yourself. This way, you can ensure that you do not violate any copyright laws and can publish your cookbook without any legal concerns.
I hope this information is helpful to you and I am available to assist you if you have any further questions.
Sincerely,
Sandra Altmann
Copyright Lawyer
