Legal Question in Intellectual Property in Massachusetts

Re: Recipes and Formulas

Yes, recipes are copyrightable subject matter. They are classified as compilations - factual based works which are arranged in a (possibly) original way and may potentially be protected under copyright law.

Nimmer, a leading copyright law treatise, cites to cases that state as much (as well as the following). However, the thickness of copyright protection is not as much as other creative works. As to the arrangement of the items in the recipe, these may be copyright protected. Further, as to the originality that may be present within the directions to the recipe, this may also be copyright protected.

Re: Recipes and Formulas

While recipes and formulas are protectable by copyright, it may not be the breadth of protection you want. Copyright protects the expression in a work of authorship. Thus, it will only protect the specific way in which the recipe is written. It prevents others from copying the recipe as it is written. However, copyright does not prevent others from using a recipe or creating the same recipe. Trade secret or patent protection, if appropriate, can provide more extensive coverage.