Copyright pertaining to Recipes


Copyright is a form of intellectual property. In India, copyrights are dealt with by the Copyright Act 1957. This Act list works in which copyright subsists – e.g. original literary, musical, dramatic works, and others. Recipes are considered a “ literary” work.

It is generally understood that there is no copyright in an idea; rather, copyright exists in the way that idea is expressed. Therefore, if a recipe consists of a mere list of ingredients followed by a set of general instructions, there is no copyright in such a recipe - as for instance in a recipe of how to boil rice. However, if this recipe is published in a cookbook, and arranged as part of a well thought out sequence of menus and recipes, then copyright exists in that cookbook. This example indicates that what is protected is not just a set of recipes, but rather the originality of style and expression of the publication that contains the recipes.

Suppose then that you have tried out a recipe from this cookbook. It worked well; but you realized that you could adapt it to suit the tastes of your individualistic family – whether on your husband’s insistence on reduced oil; or your calorie-conscious teenage daughter; or your demanding eight-year-old son. Such adaptations are your own, and you are not violating copyright of the original book if you share it with other readers on TARLADALAL.COM.

Yet again, suppose you tried out a recipe from that same cookbook and loved it exactly as it is. You can still share it if you express the method and steps in your own words, as you are then not violating copyright. You are also free to state which book inspired you – the author will appreciate credit and feedback!

Cooking is a skill, an art, an inheritance. And it’s constantly adapting and evolving. It is this dynamic characteristic of food and its preparation that we want you to experience, as well as share with others, on TARLADALAL.COM.

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