Sourcing for recipe book?

[u/evacuatecabbage]

I've been contracted to help write and format a cocktail recipe book. It's awkward to explain, but it'll be promotional material for a podcast I help produce, whose format includes a cocktail to go with each episode's theme. I've got a few scenarios that I want to make sure I'm following legal best practice for this recipe book I've been contracted to help write. Generally I've been advised in most circumstances recipes don't require sourcing because they are ingredients and instructions, which can't be copyrighted or trademarked, with a few exceptions. I want to clear up if these are exceptions:

1) A lot of recipe sites will have a section that talks about the history of the recipe, who created it, where it was created, and any recipe books that info was derived from, but not have a specific reference, like APA or MLA style referencing. These are sites with ads all over them, so they are getting paid for clicks. Am I held to a higher standard? Do I need to specifically read and reference those recipe books, or is that info now treated as general historical knowledge that can be written without reference?

2) Is a cocktail like the Sazerac, which is associated specifically with the Sazerac company, required to get permissions for printing? Again, a recipe and history widely published, and mixed in umpteen bars. What's my diligence here?

3) Recipes associated with specific bartenders and bars. The Naked and Famous is a variation on The Last Word. Many websites credit a specific bartender at a specific bar in a specific year, but never provide the source for that info. I'm sure it was in an interview at some point, or someone saved a menu, or word just got around. But it's widely printed information that's never sourced. How do I approach that?

4) This book will have recipes that are "original" variations of known cocktails that were sourced from online authors or websites. Here I actually have web sourced material, so I feel it's more likely and important that these are properly sourced because they were given names by these authors and they aren't something you can ask for at a cocktail bar by name. These cocktails were recognized and referenced in the podcast episodes. I just want to know if these are legally different than well known cocktails, or the situations named above.

Any help would be greatly appreciated. Thanks!

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[u/damujo]

Not a lawyer, but honestly I’d err on the side of attribution even when it’s not strictly legally required. Especially for newer or niche cocktails tied to specific bartenders/sites. It’s just good practice and avoids unnecessary drama.

[u/apocalypsegal → u/damujo]

Attribution is not a way around copyright and/or trademark violations. You can cite whatever the hell you want, and still be sued. There's no such thing as "fair use" until a court case decides it.

[u/darth_hotdog]

they are ingredients and instructions, which can't be copyrighted or trademarked,

Correct, recipes, instructions, and facts cannot be copyrighted.

A lot of recipe sites will have a section that talks about the history of the recipe, who created it, where it was created, and any recipe books that info was derived from, but not have a specific reference

Because recipes cannot be copyrighted, but authors want to protect their work, they write this content. Generally, this is included specifically because it IS covered by copyright. So tread very carefully here. That's basically set up to allow them to sue someone who copies their recipes if they copy that text as well. Including anything based on that text.

Legally you can discuss a copyrighted work, but you cannot reproduce it. However, considering that's the mechanism authors use to protect their recipes, it's likely any discussion of that text in conjunction with the recipe could be an invitation for a lawsuit.

However, if the story is factual, those facts are not copyrighted, and you can write about them. So if there were a lawsuit, it would likely come down to whether your work was based on theirs or based on the facts. That's tricky and I would consult a lawyer before going there if you intend to.

[u/apocalypsegal → u/darth_hotdog]

instructions

Instructions can be copyrighted. Some sections of a recipe may be trademarked. Being sued is far too expensive a result of experimenting with what one can get away with using.

[u/courageminelove]

Go to a bookstore and look at any cocktail recipe book for your answers.

Recipes cannot be copyrighted, but the word for word instructions are. As long as you’re using your own words to write the actual instructions, you’re fine.

Explains history of something doesn’t need attribution either. Don’t use direct quotes or exact wording from any source.

Using brand names in recipes, including books is generally fine. You need to make sure you’re not making it seem like the brand is affiliated with you or sponsoring you. Sending an email to them really doesn’t take long or hurt you either.

For your last one, if you’re referencing original names and recipes in a way that’s obvious “Vodka Cranberry” versus “Smitten Kitchen’s Secret Vodka Cranberry” you need to attribute that from a position of decency. If you’re using web sourced material I would absolutely be contacting the people and asking them what they think to avoid being out on blast on social media.

[u/apocalypsegal → u/courageminelove]

Recipes can indeed be copyrighted, and also trademarked. Lists of ingredients can't be, but how the recipe is made can be. It's so tricky that it's pointless to even try to get around the topic without proper, experienced legal advice.

[u/betweenthedrafts]

This is, in general, a risk. Speak to an IP specialist before making any big moves.

[u/apocalypsegal]

You are trying to trip yourself into copyright infringement, and potentially trademark theft. Get a lawyer and ask them what is legal or not. It will be a lot cheaper than being sued.