Legal Question in Technology Law in New Jersey
Computer Web Site - Law
I am interested in creating a Web site that would allow people to view and use a vast collection of Food Recipes that have been collected & created by my Grandmother, Mother and myself for over 50 years.
My question -- Is a food recipe owned??
I am not interested in printing a known recipe that an individual or company has exculsive rights to.
What if I have a recipe my mom found in a book, magazine or newspaper long ago???
What if I have a section were people may submit a recipe to add to my web site and it is one of their recipes ???
Let me know how to handle this & what type of Lawyer I may need to contact to do these right.
Thanking you in advance for your assistance/advice!!!
--name removed--
2 Answers from Attorneys
Re: Computer Web Site - Law
Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.
I'd be happy to discuss your situation with you further.
Re: Computer Web Site - Law
Your question raises a number of issues involving intellectual property. There are copyright issues on both sides (yours and your contributors). There are licensing issues for your property and warranties and non-infringement representations that should be gotten from any contributors. Especially if you intend to make any money from this web site, you should consider doing business under a form that limits your personal liability. Otherwise, you might be personally liable for the defense costs and damages of litigation.
I recommend that you establish a relationship with a lawyer who will take the time to understand exactly what you want to do and will help you structure your web site and perhaps your business so that you accomplish your goals without excessive risk. I am located close to you and this is one of the things that I can do for clients. You may want to check out my web site. If I can be of further help to you, please call or email.
See also: http://info.corbettlaw.net/lawguru.htm