Why can't food recipes be protected by copyright?

Are recipes covered by copyright?

From copyright.de, last update on: May 15, 2021

Through the Step-by-step instructions in cooking recipes can even the most amateur cook in the kitchen a little, culinary masterpiece create. Re-cook is basically allowed and also desired. Who will be the guide for favorite food However, if you want to share with the whole world, you have to be careful because there is a possibility that Recipes protected by copyright are.

FAQ about recipes according to copyright law

Are recipes protected by copyright?

If the recipe is more than just a short guide, this text may fall under copyright law. In addition, possible images are also works protected by copyright.

I would like to introduce third-party cooking instructions on my website. Is it sufficient if I mark the recipes with a copyright notice and name the author?

If the recipes fall under copyright law, it is not enough to give the creator's information to avoid a possible warning. The consent of the author is necessary for this. It is best to write this down in writing.

Is it possible to have a recipe patented?

In principle, you can apply for a patent on a prescription at the German Patent and Trademark Office (DPMA). However, the registration of such is linked to high requirements. So it must be a novelty that represents a technical advance. In addition, the Patent Act (PatG) prescribes an inventive step as well as commercial applicability. Because of these criteria, it is usually difficult to have a prescription protected by a patent.

What requirements must be met for the copyright to apply to recipes?

At a recipe it is basically a manual, based on which Dishes or baked goods let them prepare. These instructions usually include Quantities for each ingredient and may enriched with pictures be who the illustration serve.

To find out if recipes fall under the copyright fall, the first thing to do is to check to what extent this is a protected type of work Copyright Act (UrhG). The cooking instructions can be used with the Language works assign, which means that recipes can in principle be protected by copyright.

In addition to this is in the respective Individual case to check whether the respective recipe exceeds the specifications for a personal spiritual creation disposes. This is especially the case if the instructions are due to a particular degree individuality distinguishes the necessary Height of creation reached and thus from everyday products takes off. This can be the case, for example, when using the cooking recipe Anecdotes or travel memories was added.

The assessmentlaypeople often find out whether the copyright applies to recipes not easy and must with one Litigation ultimately mostly in front of you dish to be decided. You should therefore discuss with a copyright lawyer whether and what options exist to protect your prescription.

Do photos of recipes enjoy copyright protection?

Reach the Instructions for the recipes not the necessary under copyright law Height of creation, usually also exists no protection before exploitation by third parties. However, there can in principle be the possibility that the supposed "Accessories" meets the necessary criteria.

This is the case, for example, if you during cooking or baking or from the finished dish Take photos. Because the copyright for images basically protects all photos unwanted duplication, distribution or editing.

Hence, you can if third party your photos illegal use, take legal action against them. This is possible, for example, out of court with the help of a Warning. For instructions and recipes, however, according to copyright law, this option only exists with a corresponding one Height of creation.

Recipes according to copyright - short and compact

In order to Recipes fall under copyright law, the manual about the required Height of creation feature. A simple one Description of the work steps does not meet this criterion. In addition, the imageswhich document the work steps and the finished dishes, protected by copyright be.

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Are recipes covered by copyright?
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