Well, yes, Brunella: but Charles was only responding to Sarah's original enquiry.

For those of us at the sharp end of information work, and who are seeking to engage our users (for the ever-present numbers game, always of political importance), and who don't make a living out of the many nuances of copyright, the basic question has been answered.

I always understood the principle of copyright was that one should not profit from another's endeavours. I agree with Charles, & would suggest that one cupcake recipe (the principle of sponge cake creation is not copyright; it's how you decorate the cupcake that makes it a cupcake..) won't poison anyone.

Sarah, my colleague does a truly wicked lemon drizzle cake! I'll ask her for the recipe..... ;)

Zena Woodley, B.A.(Joint Hons), MCLIP
Information Resources Manager ~ Warner Library~ Broomfield Hospital~ Chelmsford~CM1 7ET
T: 01245-514310 E: [log in to unmask]

-----Original Message-----
From: Library and Information Professionals [mailto:[log in to unmask]] On Behalf Of Brunella Longo
Sent: 26 October 2010 12:39
To: [log in to unmask]
Subject: Re: Copyright and Recipes

Dear Charles
fair use does not have to be in the Law to be recognised as a fundamental principle that enable human collaboration to achieve results, especially when there is high uncertainty about future technologies and solutions. In other terms, what you have identified here as "small risks" about copying and re-using recipes without quoting the authors, the sources, the databases you have used etc etc  can lead people to an escalation of misbehaviours (including poisoning!) just because of the easiness of the process of making up stories in the absence of punishments for what we all would consider a  misconduct if we were the victim of the abuse.

Fair use cannot be easily incorporated in the law because it depends on human behaviours, and not on technicalities. It is also true that the normative bibliographic traditions we have been instructed to respect has matured in the context of the printed world and it appears clearly  obsolete for the digital times.  In fact, these days you may have written such an original contribution that there is no need to add any further bibliography to your work because you have also explicitly described the way in which you have achieved  these findings (including citations of people, projects, institutions, web sites, shops or ingredients that are in the public domain or easily identifiable via common search and reference tools).

Many blog pages and wikis do not have a formal bibliography but nevertheless they could and should be cited (and the same is true for this email message!) formally or informally. The last solution is what I have decided to do for a printed book published ten years ago, La nuova editoria, quoting projects of mine, companies, technologies under development and few primary and secondary sources of research within the main text of the essay (it was related to e-publishing, web publishing, e-books, printing ondemand cases).

Conversely, sometimes you are "telling a story" about your recipes, workflows, methodologies and visions of the future with such a clear  promotional intent that it is extremely important to formally quote the sources you have used in order to make people more aware of the potential conflicts of interests, bias, subjective and arguable views that should  be verified (and may be contradicted) thanks to the bibliography added to your work. This is what I have done for  instance in an article of mine, Nine lives to live in a knowledge based economy, the only article among many others I wrote in which I was deliberately self-promoting myself to an international audience. Ten years later, quoting the same excellent sources of that article, I must say that  I would probably write another story (especially with regard to the idealised assumption that librarians and information professional have convenience to "always lending on their feet") .

So, all in all, speaking about your sources, citation services, bibliographic traditions etc etc I would avoid to say that just because is not covered by any law (at the moment) what you are doing in breach of fair use principle  (and the moral rights of authors)  is "small risk". Whatever you practically do in order to quote your sources and no matter the bibliographic style you choose (or the technology you add to the publishing process), fair use principle is what enable knowledge and scientific reasoning to achieve results.

By the way, was it a colleague of yours who sent me an invitation through Linkedin y'day coincidentally few moments after I have sent out an email about misconduct of lawyers? For your information, it has been recorded in my daily log of coincidences :=)
Cheerfully Brunella Longo
Brunella Longo 7 New College Court London NW3 5EX +44 (0)20 72095014 (home) -  +44 (0) 75 49921488 (mobile) http://www.brunellalongo.info




From:  Library and Information Professionals = [[log in to unmask]]  =0A>On Behalf Of Sarah Bruch (Hywel Dda He= alth Board - ) [[log in to unmask]]=0A> Sent: 22  October 2010 09:27= =0A> To: [log in to unmask]> Subject:  Copyright and Recipes= =0A> =0A> Hello,=0A> =0A>

This is my Friday question. We have  a bookclub in the library that has its own blog (see my signature). We also have  cakes and treats at the bookclub as well as books. The club and I were wondering  about the copyright issues around putting a recipe from a book onto our blog (we  would reference it correctly of course). I can't find anything much to say that  recipes are even under copyright. If anyone knows of any reason why we can't put  one or two recipes from individual books that we've used with correct  referencing please could you let me  know.

Mid Essex Hospital Services NHS Trust Caring for you, Caring about you.

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