Expert: Shannon Moore - 6/14/2008

Question
I have "invented" a special vitamin drink that I would like to market.  I would like to protect the recipe.  Do I need to copyright it and if yes, how.  Thanks in advance.

Answer
Dear Maria,

Recipes are a bit trickier & you may want to consult with a copyright attorney before moving ahead. Here's what the US Copyright Office has to say:

A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records.

Here's the Copyright Flyer about recipes: http://www.copyright.gov/fls/fl122.html

Hope that helps! Please let me know if I can assist you further.

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com