I want to sell cakes from my Grandmother's recipe, but my Mom says it's not an original recipe, only a modified one from a newsletter given out at a grocery store about 40 years ago. Would I be legally allowed to sell the cake under my own label? If not, how do I find out if the recipe is copyrighted?

-- Michele A. (chele_mac@hotmail.com), March 13, 2001

Answers

I would think it would be OK if the recipe has been modified. I've noticed that the recipe for chocolate chip cookies on the chocolate chip packages is almost identical from one brand to another, the only difference seems to be the brand of chips called for.

-- Rebekah (daniel1@itss.net), March 13, 2001.

Michele- Go ahead and sell the cakes. Recipes can't be copyrighted tho recipe books can. It's the format & comments, not the recipes that are copyrighted. Famous Amos used the Toll House recipe! Just make sure you know what health laws are involved. In Oregon you need a separate kitchen, here in Washington you just need a food handlers license. Good luck!

-- Bonnie (stichart@plix.com), March 13, 2001.

Michele! Well I'm not a fancy city lawyer, don't have any aspirations of ever being one but I am a purty good country "know it all". I'd say it would be fine-nobody cares where the recipe comes from--all they are interested in is the CAKE! Now, for my "country lawyer'n fee" I think a choc cake would be in order and not out of the realm of possibilty----is it? LOL. Old hoot, the countryboy/lawyer/cake taster frum IL. Matt.24:44

-- ole hoot, the cake taster (hoot@pcinetwork.com), March 13, 2001.

In college ( I have a degree in Nutrition food Management) we learned that you could make a recipe your own by changing three things. For example: 1 teaspoon vanilla to 1 1/4 teaspoon, 2 cups flour to 1 &7/8 cups. I know this changes the recipe a bit but then it is legally yours if you want it to be, but, I cook professionally and use all kind of recipes and sell my product everyday as do most professional bakers. There shouldn't be any problem. My friend has Edelweiss Cake Company and sells beautiful cakes some her own recipes and some from books and such and has never encountered a problem. Hope this helps. Arlene

-- Arlene in OR (amwauer@todbbs.com), March 13, 2001.

My understanding of original is that you change whatever your making 10%, this could be a recipe or a knitting pattern, etc..............

Hope this helps.

Blessings, sally

-- sally stanton (mallaradhen67@hotmail.com), March 14, 2001.

Michele - While I don't think it's illegal to call a recipe your own, it wouldn't be ethical unless you made changes such as Arlene suggested. If you are calling it "Chocolate Cake" and the lable says only "Made (or Baked) by Michele", or "Granny's Cake", or "Store Name Cake" (tho who knows where they got the recipe), it would be perfectly OK. Cooking writers (such as myself) ususally give credit where credit is due; i.e., "recipe from so&so" or "adapted from", but cooks rarely do. Somewhere I have a book called "A Goldmine in Your Kitchen" (can't remember author) about baking cakes & pies at home & selling them. Check your library for it - she had some good tips, both business and cooking. If I find it, I'll give you author's name.

-- Bonnie (stichart@plix.com), March 14, 2001.

I was just wondering about this kind of a thing myself recently. I was contemplating starting a seasonal bakery to supply local cottagers with homemade bread and then, as circumstances warrant, enlarge the enterprise to include selling eggs and produce. thanks for the great info. I modified the bread recipe to suit our tastes and my methods so I guess I can call it my own now. :o)

-- Alison in Nova Scotia (aproteau@istar.ca), March 15, 2001.

A minor miracle - I found the book! It is A Gold Mine In Your Kitchen: Home Baking for Profit by Helen Scott, copyright 1967, published by Bonanza Books. Helen gives lots of her own recipes, as well as advice based on her own experience of baking & selling from home. While the figures she has (costs & profits) are out of date, the advice isn't. When Michele & Alison & anyone else actually sells stuff, could you give us an update on how you're doing? Good luck & God bless!

-- Bonnie (stichart@plix.com), March 15, 2001.

Are you selling out of your home? then only your Customers needs matter. If your sell to a store ask what they require, I have known of small towns that have just one or two stores, and they would install a kitchen/bakery and have some one come in to prepair foods by order, as well as basic breads and cakes. Copyrights apply to selling the recipe not the food item.

-- Thumper (slrldr@aol.com), March 15, 2001.

Hi Michele, Your local Dept. of Environmental Conservation (D.E.C.) Office has all the answers you need. They will tell you about laws in your state and labeling requirements. Here in Alaska we are exempt from the certified kitchen at bazaars, fairs, farm markets, etc. But...we have requirements on lableing even so. They are there to help you with just such things. :)

-- tang (tang@mtaonline.net), March 20, 2001.