Q&A: Copyright on Recipes
Copyright on Recipes
Question
Hello Rabbi,
I understood that legally there is no copyright protection on recipes (two cups of flour, 1 cup of sugar, etc.). On the other hand, I understand that Coca-Cola keeps its cola recipe secret. If, say, someone fraudulently obtains access to their recipe, would it be permitted to use it (from a halakhic standpoint)?
Answer
Recipes are no different from Coca-Cola’s formula. If you use someone else’s invention, you are violating a prohibition. Of course, an ordinary recipe usually has no monetary value, so there is no basis to talk about compensation, unlike Coca-Cola. And if you are not making commercial use of it, even then it is doubtful whether anyone could sue you for compensation. Moreover, if the owner of the recipe does not object to your using it, then of course there is no problem either.
See my article in Tchumin on copyright: https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%92%D7%A0%D7%99%D7%91%D7%AA-%D7%93%D7%A2%D7%AA-%D7%95%D7%A7%D7%A0%D7%99%D7%99%D7%9F-%D7%A8%D7%95%D7%97%D7%A0%D7%99/
Discussion on Answer
According to the criteria for inventions. If it is sufficiently innovative and sufficiently well-defined (if there is some special innovation there). Putting in half a teaspoon of sugar and a pinch of salt is not an invention, even if others use a full teaspoon. And of course that is if the person using it did not come up with it on his own but stole it from me.
A note from the legal side: Coca-Cola’s recipe is a trade secret. If someone manages to discover it and use it knowing that it is a trade secret, he is exposed to lawsuits.
So a recipe is considered an invention?