New Orleans, LA asked in Intellectual Property, Internet Law and Copyright for Louisiana

Q: Is it legal to take a recipe video from instagram and use an AI bot to create a recipe list from said video?

Would allow users to copy a link to the video and then paste it into the app, the AI would generate a shopping list and recipe steps to make said dish.

2 Lawyer Answers
Sarah Teresa Haddad
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A: AI generating the shopping list and recipe steps from the link to the video: whether or not this is considered copyright infringement of the contents of the video or "illegal", will depend on if using the AI generative tool in this way will be considered Fair Use of the content of the video. Fair Use is an exception to the Copyright content and is considered "legal". There are 4 factors to consider:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes.

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The effect of the use upon the potential market for or value of the copyrighted work.

You would seek legal advice of how the above 4 factors apply to the full circumstances of your use of AI to generate the shopping list and recipe through a link to a video. If it is considered Fair Use, it will not be Copyright Infringement. If it is not considered Fair Use, AI programs might infringe copyright by generating outputs that resemble existing works.

James L. Arrasmith
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Answered

A: Using a recipe video from Instagram without permission can lead to copyright concerns. While the basic ideas and instructions of a recipe aren't protected, the specific presentation and content of the video are owned by the creator.

If your app extracts and reproduces the recipe steps and shopping list, it might be considered creating a derivative work. This typically requires the original creator’s consent to avoid infringing on their rights.

To ensure your app operates legally, seek permission from the video owners before using their content. Additionally, consulting with a legal professional can provide guidance tailored to your specific situation and help you navigate any potential legal challenges.

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