Hi 211563,
First of all regarding recipes online - by default, everything on the
internet is protected by copyright and you will need to ask the
website owner for written permission to copy recipes.
Copyright on the Internet:
"Although web pages and email messages are protected as soon as
created, copyright registration is needed before U.S. owners can bring
suit."
http://www.fplc.edu/tfield/copynet.htm
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COOKBOOKS
In regards to cookbooks, works published before 1923 are in the public
domain. If a work is reprinted, the new copyright only applies to any
changes or new material. Therefore, if the recipes remain as they were
in the earlier edition (most likely), they are still in the public
domain.
WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN:
"Published before 1923: In public domain"
http://www.unc.edu/~unclng/public-d.htm
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REPRINTS
COPYRIGHT PROTECTION IN A DERIVATIVE WORK: USCO circular 14:
Copyright registration of a revised edition of a public domain work
extends only to the revisions, not to the original material.
"The copyright in a derivative work covers only the additions,
changes, or other new material appearing for the first time in the
work. It does not extend to any preexisting material and does not
imply a copyright in that material.
One cannot extend the length of protection for a copyrighted work by
creating a derivative work. A work that has fallen in the public
domain, that is, which is no longer protected by copyright, may be
used for a derivative work, but the copyright in the derivative work
will not restore the copyright of the public domain material. Neither
will it prevent anyone else from using the same public domain work for
another derivative work. In any case where a protected work is used
unlawfully, that is, without the permission of the owner of copyright,
copyright will not be extended to the illegally used part."
http://www.copyright.gov/circs/circ14.html
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COOKBOOK SEARCH
To find cookbooks that were published before 1923, go to the Library
of Congress Website:
Search the Library of Congress Website: Advanced Search:
http://catalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=Second
Click on "Set Search Limits".
Date: 1923
Language: English
Tick: <
Type: Book
Click "Set Search Limits"
You can play with various keywords, depending on the type of recipes
you are looking for, but here is an example of what you will do.
Search "cookbook"
Or "recipes
Set "70 records per page"
Click "Begin Search"
Returns 1217 results of cookbooks published before 1923.
Now it is just a matter of checking for copyrights on any revisions
(chances are if a cookbook has been reprinted, the recipes have not
been revised - the new copyright will only cover anything that has
been changed or any new material). When you find a title that
interests you, search for it at the U.S. Copyright Office. If it
doesn't come up, it means it hasn't been reprinted from 1978 onwards.
If it does, it will be quite specific as to what portion of the book
is under the new copyright (intro, glossary, new recipes, etc).
Go to the U.S. Copyright Office:
Search Copyright Records: Registrations and Documents:
Copyright Catalog: Books, Music, etc.:
http://www.copyright.gov/records/cohm.html
Tick "Title"
Type in the title you are interested in.
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How to Investigate the Copyright Status of a Work:
http://www.copyright.gov/circs/circ22.html
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An easier way to go about your search may be at your nearest large
library. Go there and browse through older cookbooks. Make a list of
any that were published before 1923 and then investigate for any
reprints.
I hope I've been able to sort this out for you in an easy to
understand fashion. If you need further assistance, please post a
clarification request before closing/rating my answer and I'll be
happy to reply.
Thank you,
hummer
Search Strategy
I used our own bookmarks, the Library of Congress, and the Copyright
Office, to try and devise a plan for you. |
