Is it legal to publish a new recipe base on taken from another website?

Whether it is legal to publish a new recipe based on one taken from another website depends on various factors, including copyright laws and fair use principles. Here are a few key considerations:

Copyright Protection: Recipes can be protected by copyright if they are considered original and creative expressions. This protection generally extends to the unique combination of ingredients, measurements, and instructions that make up a specific recipe. However, copyright protection does not extend to simple lists of ingredients or basic cooking instructions.

Fair Use Exception: In some cases, using elements of a copyrighted recipe may fall under the fair use exception. Fair use allows for limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. However, the fair use exception has specific requirements and limitations.

Substantial Similarity: When determining copyright infringement, courts consider whether the new recipe shares substantial similarity with the original copyrighted recipe. Factors such as the similarity in ingredients, proportions, instructions, and overall structure of the recipe are taken into account. If the new recipe is substantially similar to the original, it may be considered a copyright violation.

Modifications: If you make substantial modifications to the original recipe, it may weaken the claim of copyright infringement. This includes adding new ingredients, changing proportions, altering instructions, or providing additional commentary or explanation. However, it's important to ensure that the modifications are truly significant and not merely minor tweaks.

Acknowledgment and Attribution: Giving proper credit to the original source by acknowledging the recipe's origin can help strengthen the fair use defense and demonstrate your respect for the intellectual property of others.

Local Laws: Copyright laws and fair use principles may vary across different jurisdictions. It's important to consult the specific laws and regulations applicable in your location to ensure compliance.

To avoid potential legal issues, it's generally advisable to obtain permission from the original author or website owner before publishing a recipe that is substantially similar to an existing copyrighted recipe. Alternatively, you can create your own original recipes or draw inspiration from multiple sources while making sure to sufficiently differentiate your recipes from those already published.