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Fairly Legal Says You Can’t Copyright a Recipe – They’re Only Partly Right

February 21, 2011

Tags: Fairly Legal, writing tips, patent, copyright, trade secrets

I’ve found some peace with the show Fairly Legal, about a woman they call a mediator who does nothing that even vaguely resembles mediation. The way I’ve done it (because I still like the characters and the legal issues) is that I just keep telling myself she’s something new – a unique entity in the law.

In my mind, I call her a Conciliator. The weird part is, I think there’s room in the legal system for someone like this. It would be sort of a mediator, sort of an arbitrator, and sort of an investigator. There’s nothing like this now, and I suspect that this show might spark such an entity into being. She’s closest to an arbitrator, because arbitrators can investigate to some extent and in a very limited way. So I’m not writing to complain about how they went right off a cliff on the whole mediator concept.

Instead, I’m writing about a recent show involving a barbecue sauce recipe. The conciliator (I absolutely refuse to call her a mediator) made this statement: “You can’t copyright a recipe.” I shook my head, first because if she were a mediator she couldn’t give legal advice (okay, I’m going to complain a little), but second because she was wrong.

It’s true that you can’t copyright a list of ingredients. But you can absolutely copyright ...more

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