Are recipes protected by copyright law?

In Washington, recipes are not protected by copyright law. This means that anyone can copy, distribute, or modify the recipe without permission. However, the presentation of the recipe could be protected. For example, a cookbook containing the recipe would be protected from copyright infringement. Copyright protection does not extend to recipes that are mere listings of ingredients. These kinds of recipes are not protected because they lack the creative expression required for copyright protection. Also, recipes that are based on another author’s recipe may not be protected because it is largely an imitation of the original work. In some cases, a recipe may be protected under patent law. If a recipe requires a novel combination of ingredients or produces a novel result, it may be eligible for patent protection. However, getting a patent requires a lengthy and expensive process. It is important to remember that copyright protection does not extend to recipes that are mere listings of ingredients. However, the presentation of a recipe, or a recipe that is based on a novel combination of ingredients, could be protected by copyright or patent law.

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