The copyright law bars reproduction of “original works of authorship”. It thus bars copying words of a news report or book, songs and music, software codes and even architectural patterns. But what about recipes? It is silent on food matters.

Consider the case of Alan Richardson and Karen Tack who authored a cookbook in 2008, titled ‘Hello, Cupcake!’ Three years later, a women’s magazine displayed on its cover a confection that looked exactly like the corn-on-the-cob cupcake from that book, down to the details. It was not a variation on the same theme, but precisely the same thing – minus any credit to the cookbook writers. The magazine also carried the recipe, with words changed a bit.

When one of the authors wrote to the magazine, there was no reply. When she contacted her publishers’ lawyers, she was told that since the words are not exactly the same, nothing can be done about it. That is why, in fact, cookery books and blogs carry similar if not the same recipes.

Is there an issue here at all? After all, well-known traditional dishes are not “original works of authorship”, and no copyright issue should arise. What about unique and original dishes, though? Even with traditional dishes, what if the writer has taken pains to do research and pen down a recipe not published before?

Last month, however, British publishers Bloomsbury pulled out a cookbook, ‘Makan: Recipes from the Heart of Singapore’, written by well-known chef Elizabeth Haigh, after another author accused her of plagiarism. Sharon Wee found that ‘Makan’ (published this year in May) had some recipes as well as accompanying stories straight from her own ‘Growing Up in a Nonya Kitchen’ of 2011.

The publishers’ call was partly due to the fact that Haigh had copied even Wee’s childhood recollections and thus there was a rather straight case of copyright violation. Readers on social media also amplified Wee’s accusation.

But the ‘Makan’ case may not settle the question of copyrights for recipes per se though it has certainly revived the debate.

Also read:

On ‘Makan’ recall:

https://www.bbc.com/news/entertainment-arts-58883458

https://www.washingtonpost.com/food/2021/10/11/makan-cookbook-singapore-plagiarism/

More copy-paste in ‘Makan’:

https://london.eater.com/22720370/makan-cookbook-plagiarism-elizabeth-haigh-sharon-wee-nonya-kitchen

Larger debate:

https://www.nytimes.com/2021/11/29/dining/recipe-theft-cookbook-plagiarism.html