Q: Can I make and market a food product from a published cookbook?
A: Without directly reviewing the exact intended use and all surrounding situations, I cannot make a full assessment, but I can provide general guidance. Cookbooks are unusual copyright materials because large portions of the book are uncopyrightable. Specifically the list of ingredients and general instructions (note: literal copying of wording in the instructions is a copyright violation) are not copyrightable. The introductions and any other material is usually copyrightable. In short, cooking the item and potentially selling the item should not be a copyright violation, BUT listing the association of the item to a cookbook or author can be a trademark/trade name violation or general trade confusion issue. If you are unsure about your intended use contact a lawyer directly.
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