The recipes on Fork the Cookbook are submitted by users. Whilst recipes cannot be copyrighted, bits of its literary expression may be subject to copyright.
Please be aware that persuant to Publishers International vs Meredith (1996), the instructions of a recipe may not be copyrighted as per the clear language of 17 U.S.C. § 102(b). Some exceptions, as listed in Barbour vs Head (2001) may apply. Substantial literary expression, can be copyrighted. Examples are substantial annotations, commentary and suggestions for food presentation.
If you think that a subtantial literary expression of your recipe infringes upon your copyright, please file a notice of infringement with us. Please follow the following instructions:
- The URL of each of the allegedly infringing content that you wish to have removed.
- Provide sufficient information and consent to contact you: an email address is perfect, and a phone number is optional
- Provide sufficient proof that you are the copyright owner of the allegedly infringing content.
- With images in particular, please provide proof of registration of the image under the DMCA.
- If a proof of registration is unavailable, we will also accept, in lieu, a detailed description of when and where the image was taken, by whom the image was taken, the circumstances during which the image was taken. Also please furnish with evidence that you do actually own the copyright of the image.
- Kindly include this statement at the end of your DMCA request: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"
- Sign (or digitally sign) the document and email it to firstname.lastname@example.org
Please be aware that the DMCA states that you may be liable for damages (including costs and attorney fees) if you falsely claim materials that infringe on your copyright.
Please also note that we will send every legal notice we receive to Chilling Effects for publication. We also reserve the rights to publish any communique that may occur between us on our blog
We will try to make the DMCA process as painless as possible. Here we will describe our process for handling DMCAs:
- We will reply you within 12 hours of your claim
- We will then proceed to find the user who submitted the recipe of which is allegedly infringing your copyright.
- We will investigate, with the cooperation of the user, the issue
- When we are satisfied that a copyright infringement has taken place, we will remove the content.
- We will help the user file a counter claim if our investigation leads us to believe that it is a false takedown
- We will keep you updated about the entire process
Last Updated 10th February 2013