Intellectual Property Laws

• raiderbuck

  Hoping some other's have opinions about this...I'm at a loss.
  
  Backstory:
  
  Wife works for a non-profit. She's in charge of all incoming and outgoing media relations. A few months ago she set up a video shoot with a local baker to film her making some of her original recipes in conjunction with my wife's employer. The video would then be hosted on the non-profit's blog, with links to the recipes and credit to the original baker. The whole video was done without compensation to the original baker. The only fees paid were fees to the producer of the shoot.
  
  Now, the baker agreed to the shoot. She agreed to do it pro-bono. But the baker refuses to allow the non-profit to post the original recipes on the blog, claiming it violates her intellectual property. Which is fair. The baker came up with the recipes on her own. However, my wife's employer is not claiming ownership over the recipes, and they are agreeing to link back to the baker's company for all credit for the recipe. The baker says no dice. She states that by putting the link on the non-profit's blog, it makes it public content and since she was not compensated for the recipe, she doesn't want it on there. I would assume that providing credit (linking to original baker's website or name, stating recipes are not products of "non profit corp" or whatever) would suffice? But I'm not an attorney.
• Laley23

  

  Seems like it would clearly cut into her profits. If people can make it at home, why go buy it??
• bigkahuna

  Laley23;1785008 wrote:Seems like it would clearly cut into her profits. If people can make it at home, why go buy it??

  This.
• QuakerOats

  Hinges on whether the baker bakes for gay weddings.
• ZWICK 4 PREZ

  

  QuakerOats;1785014 wrote:Hinges on whether the baker bakes for gay weddings.

  
  lol do you ever talk about anything that isn't political in nature?
  you must be a real gem to be around.
• sleeper

  

  Laley23;1785008 wrote:Seems like it would clearly cut into her profits. If people can make it at home, why go buy it??

  You can make almost anything at home since there are recipes for anything. Like most things, people will go buy it out of convenience or security. You can do most home repairs by simply watching a few youtube yet people still hire plumbers and servicemen to do the work for them.
  
  The obvious answer to the initial question is consult an attorney. The easier answer is to post the recipes and tell the baker to go find themselves.
• raiderbuck

  Laley23;1785008 wrote:Seems like it would clearly cut into her profits. If people can make it at home, why go buy it??

  I figured as much. Told my wife to carefully review the contract with the producer. I guess she assumed that the baker would be cool with just the shout-out on the website. I told her that they might be able to edit the the video stating that recipes can be purchased from the baker's website. It's not ideal, but business is business I guess.
• j_crazy

  

  I would say that somewhere in writing you'd have to show the Baker consented to the recipes being posted online. Short of that you probably can't post the actual recipes.
  
  From the second post it seems like you're now worried about editing the video, seems like that would be a lot easier to do but i am in no way an expert on legal and/or methods to do that.
• bigkahuna

  Laley23;1785008 wrote:Seems like it would clearly cut into her profits. If people can make it at home, why go buy it??

  This.
• MontyBrunswick

  

  raiderbuck;1785003 wrote: Wife works for a non-profit.

  Get a divorce
• Gardens35

  We're bogged down in BS with this one, let's move forward with others.
• gut

  Just remove references to the recipe.
  
  I'm not a lawyer, but I doubt her recipe is intellectual property unless patented.
  
  Of course the baker did it pro bono - free advertising! But if you want to play hardball, then take down the recipe AND links to her site (assuming she already gave you release for the video).
• friendfromlowry

  Upper deck everyone.
• Belly35

  

  Ask yourself this question : why would you post or reveal recipes that is the secret to your product?
  the baker thinking this is a good idea in the beginning rethought what would be exposed and doesn't want those original recipes to be given out. Your wife respect to the baker should dump the recipes cramp and focus on the important of the video main objective. Which is ?
• raiderbuck

  gut;1785084 wrote:Just remove references to the recipe.
  
  I'm not a lawyer, but I doubt her recipe is intellectual property unless patented.
  
  Of course the baker did it pro bono - free advertising! But if you want to play hardball, then take down the recipe AND links to her site (assuming she already gave you release for the video).

  My wife is friends with the baker. My guess is that neither one of them thought about how the video would be used until after the final cut. Which makes no logical sense. How do you not negotiate that before signing paperwork? The baker probably reviewed the final cut with her management team and realized that the non-profit would be promoting the video and recipes on their site without proper credit to the baker. Unfortunately, the contract supports the baker's side because it states that even though she's agreeing to shoot the video, she's not agreeing to give up rights to the recipes.
  
  I told my wife to review compensation options with the baker. If there's truly a patent (or patentable recipe for that matter), then they're going to have to pay up or modify the video. Otherwise, she can come after the organization.
  

  Belly35;1785126 wrote:Ask yourself this question : why would you post or reveal recipes that is the secret to your product?
  the baker thinking this is a good idea in the beginning rethought what would be exposed and doesn't want those original recipes to be given out. Your wife respect to the baker should dump the recipes cramp and focus on the important of the video main objective. Which is ?

  My wife works for a group that sells baked goods around this time of year. I'm not going to reveal the name, but you can probably guess which organization I'm referring to. The point of the video was to showcase a local baker using the cookies in her recipes, and then to put those recipes on the blog for anyone to use. It'd be kind of pointless to put up the video without any references to the original recipes.
• Belly35

  

  raiderbuck;1785143 wrote:My wife is friends with the baker. My guess is that neither one of them thought about how the video would be used until after the final cut. Which makes no logical sense. How do you not negotiate that before signing paperwork? The baker probably reviewed the final cut with her management team and realized that the non-profit would be promoting the video and recipes on their site without proper credit to the baker. Unfortunately, the contract supports the baker's side because it states that even though she's agreeing to shoot the video, she's not agreeing to give up rights to the recipes.
  
  I told my wife to review compensation options with the baker. If there's truly a patent (or patentable recipe for that matter), then they're going to have to pay up or modify the video. Otherwise, she can come after the organization.
  
  
  
  My wife works for a group that sells baked goods around this time of year. I'm not going to reveal the name, but you can probably guess which organization I'm referring to. The point of the video was to showcase a local baker using the cookies in her recipes, and then to put those recipes on the blog for anyone to use. It'd be kind of pointless to put up the video without any references to the original recipes.

  No it not pointless: use the baker to illistraute that the cookies can be used by professional, not using the baker recipes post other recipes that can use the many different cookies in baking "so everyone can be a professional baker in their own home"
  
  Baker get the publicy , your group get the idea across to use the cookies in baking and all is happy.. plus you can push all the different types of cookies in different recipes... and post more recipes. win win..
  
  this is why i get the big bucks,,,
• gut

  raiderbuck;1785143 wrote:It'd be kind of pointless to put up the video without any references to the original recipes.

  I think the baker is over-reacting. For starters, the publicity will help her sales more than hurt them to people doing it at home. Second, just because you have the recipe doesn't mean you have the skill nor the time to do it yourself.
  
  But if they are friends, why even sweat it? Just take the video down. Not worth it otherwise, IMO.