Perryville, MO asked in Copyright and Intellectual Property for Missouri

Q: copyright question? creating a cookbook from Pinterest recipes

I want to create a cookbook/blog with Pinterest recipes stating where I found the original I used but talk about how my version turned out while sharing the recipe. is that legal or copyrighted? I plan to take my own photos of my attempts to make the dish, the ingredients (if I change it when I make it I will put it in) then the instructions. I want to state where I got the original recipe I went off of but there might be times when it doesn't change. I will add some of what I thought about the recipe in the text.

1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Intellectual Property Lawyer
  • Beverly Hills, CA

A: Your use of previously published recipes does not infringe the copyright in them, as it is "fair use" under the law. Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching. You are also adding new authorship with the commentary and photos, which is "transformative" in that it uses the prior work in new or unexpected ways.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.