Can Recipes Be Protected by Copyright?

By Enrique Cheang, E.C.V. & Asociados

When it comes to copyright law, one of the most frequently asked questions is whether recipes can be protected. The short answer: it depends on what part of the recipe you're referring to.

Ingredients and Basic Instructions: Not Protected

In general, the ingredients and basic procedures of a recipe are not eligible for copyright protection. This is because copyright does not extend to ideas, facts, or simple methods — and recipes typically fall into these categories. The list of ingredients and straightforward cooking steps are considered functional, not creative, and therefore not original works in the sense required by copyright law.

What Can Be Protected?

While the core of a recipe — the ingredients and how to combine them — is not protected, the expression of that recipe may be. For example:

• A creatively written description

• Unique, stylized instructions

• Additional commentary or notes

• Original photographs

• Distinctive design or layout of a cookbook or blog post

These elements can be considered original works of authorship and may qualify for copyright protection. In other words, it's not what the recipe says, but how it's said that matters in terms of copyright.

Practical Implications

So, while you can’t copyright the idea of adding cinnamon to apple pie, you can protect a beautifully crafted narrative about your grandmother’s secret apple pie recipe, the photos you took of the baking process, and the overall look of your recipe blog.

In the world of copyright, creativity counts — and in the kitchen, as in publishing, it's all about the presentation.