Recipes and Photos Are Pampered Chef Intellectual Property, Right?

[thehaleykitchen]

Came across this blog today:

sacchef.wordpress.com

And noticed all the PC recipes and photos without a mention that they are Pampered Chef! If you dig a little, you can see that he was also a PC Consultant but quit back in 2010. Isn't this a violation of the copyrights that PC owns on their recipes and photos? It seems he is also using these recipes in his catering business as well ~ or at least that was my impression...

What do you all think?

Karen

 

[KateInTheKitchen]

Were you googling for eggnog parfaits?

 

[NooraK]

Here's what the U.S. Copyright Office says:

http://www.copyright.gov/fls/fl122.html

Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.

Only original works of authorship are protected by copyright. “Original” means that an author produced a work by his or her own intellectual effort instead of copying it from an existing work.

For further information about copyright, see Circular 1, Copyright Basics. Note that if your recipe has secret ingredients that you do not want to reveal, you may not want to submit it for registration, because applications and deposit copies are public records.

Deposit requirements depend on whether a work has been published at the time of registration:

If the work is unpublished, one complete copy
If the work was first published in the United States on or after January 1, 1978, two complete copies of the best edition
If the work was first published outside the United States, one complete copy of the work as first published
If the work is a contribution to a collective work and was published after January 1, 1978, one complete copy of the best edition of the collective work or a photocopy of the contribution itself as it was published in the collective work

 

[thehaleykitchen]

Yeah but there is step-by-step on how to make the recipes (some even with the PC products in bold) along with pictures off the PC website...And yes, I did google Eggnog Parfaits

 

[kristina16marie]

Since he didn't link anything directly to his personal website, I don't think he's in violation of any PC Regulations. I'm not familiar with copyright infringement but as Noora posted, since it wasn't the entire cookbook I think he's okay.

 

[ChefBeckyD]

Actually, when you look at the website, he is in violation - with info on how to contact him to order, etc...which is most likely why he is no longer a consultant.

 

[NooraK]

Since he didn't link anything directly to his personal website, I don't think he's in violation of any PC Regulations. I'm not familiar with copyright infringement but as Noora posted, since it wasn't the entire cookbook I think he's okay.

Copyright law is a separate issue from Consultant Policies. Only consultants are bound by policies, copyright law applies to everyone.

Another result in the Google search I did to find that information addressed the issue. The point they made is that while recipes are copyrighted, they violations are not often pursued, because there's no money in it (unlike music and movies).

 

[pampered1224]

If you click a little further down on the right under rubs, spices and sauces, you can see the Pampered Chef Sauce he is advertising. Label and all. That is a violation as resale is prohibited. Brian may have a rude awakening because I think this is also not only a PC violation but it may also be a law breaker. P.S. E-mail sent to PC with web address. So...

 

[akrebecca]

Related to this website, but off topic. I clicked on the Perfect scrambled eggs link. Started reading when I noticed that the words were moving. Curious, I looked closer. In no particular order, there were random white dots falling down my screen. I was trying to decide if I should say something to my hubby, when he asked me if I was ok. I asked him if he saw the dots too. Very relieved when he said he did. I am on painkillers right now so I thought it was a side effect from that. Turns out it is the 'snow' falling in the banner at the top of the page.