Cooking and Copyright Infringement?

[Wake]

Basically I found a recipe in a canning book for pickled beets. Now I'm making that product and trying to sell it.

Can I get into trouble if...

1) I keep the original name and use the exact ingredients?

2) I change hange the name and use the exact ingredients?

3) I change the name and slightly change an ingredient, or an amount of a certain ingredient?

I want to sell beets that are pickled with ginger, but I don't know if the author of that book is the only person who can sell pickled, gingery beets thanks to her copyright.

Help, please?

 

[clownboy]

This might help you understand the differences between copyright, trademark and patent.

 

[Wake]

I see. So...

I noticed this part:

What Is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

Not sure if the author's goods are patented. There should be a way for me to sell the same or slightly different item.

 

[clownboy]

I see. So...

I noticed this part:



Not sure if the author's goods are patented. There should be a way for me to sell the same or slightly different item.

I doubt it's patented, but if it is in order to use that protection the patent info should be included in the book.

However, on a different note, I noticed from your pix in the other thread that the required labeling info is missing. No ingredients list.

 

[Wake]

I doubt it's patented, but if it is in order to use that protection the patent info should be included in the book.

However, on a different note, I noticed from your pix in the other thread that the required labeling info is missing. No ingredients list.

Hm. I'll look into that. Thanks.

 

[ttwtt78640]

Generally making and selling something based on a recipe is not a problem but copying and selling that recipe would be. If the brand name is not protected that should be no problem either. Out of simple respect I would attempt to contact the recipe author, to get their input on the matter, but doubt you will get any objection, perhaps you even find a business partner in the process.

 

[ChuckBerry]

Basically I found a recipe in a canning book for pickled beets. Now I'm making that product and trying to sell it.

Can I get into trouble if...

1) I keep the original name and use the exact ingredients?

2) I change hange the name and use the exact ingredients?

3) I change the name and slightly change an ingredient, or an amount of a certain ingredient?

I want to sell beets that are pickled with ginger, but I don't know if the author of that book is the only person who can sell pickled, gingery beets thanks to her copyright.

Help, please?

Reproducing the recipe and calling it your own would certainly infringe on copyright; however, I doubt that making the dish itself and then selling it would infringe on anyone's rights. I mean, how many restaurants serve Caesar salad?

 

[justabubba]

Basically I found a recipe in a canning book for pickled beets. Now I'm making that product and trying to sell it.

Can I get into trouble if...

1) I keep the original name and use the exact ingredients?

2) I change hange the name and use the exact ingredients?

3) I change the name and slightly change an ingredient, or an amount of a certain ingredient?

I want to sell beets that are pickled with ginger, but I don't know if the author of that book is the only person who can sell pickled, gingery beets thanks to her copyright.

Help, please?

can your beets
insist your recipe is proprietary
list the ingredients

and then, how are you going to market them?


and why beets?

 

[Wake]

can your beets
insist your recipe is proprietary
list the ingredients

and then, how are you going to market them?


and why beets?

Will do. The world of business is so new to me, it's dizzying. Figured I'd try Vistaprint to make flyers and business cards...

Beets were the first recipe in "Food in Jars" by Marisa McClellan that I tried my hand at. In a nutshell, I'm a fiend for pickles, especially unique ones. That, and there were no good pickling cucumbers to be found in my area that weren't coated in wax. I wanna try all manner of pickles, like 'Lemony Cauliflower Pickles,' 'Dilly Beans,' and 'Pickled Brussels Sprouts with Cayenne.' It wasn't just taking a bite into your first successful pickle, but also trying your own created recipe... 'Pickled white Onion rings with general Pickling Spice.' Made that recipe, too, and it was fantastic.

It was either this, or indoor professional painting (which is still on the table).

 

[Wake]

Reproducing the recipe and calling it your own would certainly infringe on copyright; however, I doubt that making the dish itself and then selling it would infringe on anyone's rights. I mean, how many restaurants serve Caesar salad?

See, this is what I'm hoping for. It makes sense.

 

[clownboy]

My pickle love is zucchini. Personally I find them better tasting as pickles than cukes.

Beets have a bit more sugar to them and there are so many people who could live on the suckers (I couldn't, I detest them). That makes a really good product choice on your part.

 

[Wake]

However, on a different note, I noticed from your pix in the other thread that the required labeling info is missing. No ingredients list.

I don't think I understand. Do I have to list every single ingredient on each label, on each jar?

 

[MaggieD]

Basically I found a recipe in a canning book for pickled beets. Now I'm making that product and trying to sell it.

Can I get into trouble if...

1) I keep the original name and use the exact ingredients?

2) I change hange the name and use the exact ingredients?

3) I change the name and slightly change an ingredient, or an amount of a certain ingredient?

I want to sell beets that are pickled with ginger, but I don't know if the author of that book is the only person who can sell pickled, gingery beets thanks to her copyright.

Help, please?

Change the name; use the exact ingredients. No problem. Good luck! I really like this idea for you, Wake. Wish you much success!!! Be sure to print out really cute labels!! It's all in the packaging.

I make my own refrigerator pickled beets for my mom (us too) because she shouldn't eat salt. Try canning some "no-salt" and see how they do. I'm betting enough people (Baby Boomers) are watching salt intake that you might have a winner. They still taste great!! (Can't find pickled beets w/o salt in the stores.) I also slice up red onion and add some -- makes the jar pretty.

 

[Wake]

Change the name; use the exact ingredients. No problem. Good luck! I really like this idea for you, Wake. Wish you much success!!! Be sure to print out really cute labels!! It's all in the packaging.

Thanks Maggie, really. I want to make this work; I'm both anxious, but wanting to adventure... I don't want to really talk your ears off out of nervousness about my goals.... :mrgreen:

Basically I'm scouring through these two websites, printing them off, and saving them on a seperate folder:

http://www.hobbyfarms.com/farm-marketing-and-management/canning-business-tips.aspx
http://homebasedbaking.com/wp-conte...arting-a-Small-Food-Business-in-Wisconsin.pdf

Also gonna look into farmer's markets, check out Vistaprint and, *gulp*, maybe take the plung and buy a Food Seller's permit.

It's tough trying to learn all of this stuff, but I'm grateful to you guys for your help.

Gots me some neet ideaz, too. :2razz: I'm thinking a Vanilla-Cantaloupe Jam, and Pickle Daikon radishes with cayenne. The plan is to make the more common stuff, but make a few unique creations to better attract the foodies, as well.

 

[MaggieD]

Thanks Maggie, really. I want to make this work; I'm both anxious, but wanting to adventure... I don't want to really talk your ears off out of nervousness about my goals.... :mrgreen:

Basically I'm scouring through these two websites, printing them off, and saving them on a seperate folder:

10 Tips for Starting a Canned-food Business
http://homebasedbaking.com/wp-conte...arting-a-Small-Food-Business-in-Wisconsin.pdf

Also gonna look into famer's markets, check out Vistaprint and, *gulp*, maybe take the plung and buy a Food Seller's permit.

It's tough trying to learn all of this stuff, but I'm grateful to you guys for your help.

Gots me some neet ideaz, too. :2razz: I'm thinking a Vanilla-Cantaloupe Jam, and Pickle Daikon radishes with cayenne. The plan is to make the more common stuff, but make a few unique creations to better attract the foodies, as well.

Outstanding, Wake!!! You rock!!

 

[Wake]

Outstanding, Wake!!! You rock!!

 

[ChuckBerry]

I would say keep things as simple as possible to start with...making the food will probably be the easy part, packaging, shipping, marketing, legal compliance etc. will probably be the hardest. Don't start dreaming about complex combinations, make one good solid product, and once you are familiar and comfortable with your manufacturing process and the nuts and bolts of the business side of things, branch out to a broader product line.

 

[Wake]

I might of hit a tough roadblock.

Facilities and Equipment
Meeting the licensing requirement assures that your facility’s processing and food handling
practices comply with regulatory requirements. Your food processing area must be a room (or
rooms) separate from your home kitchen, preferably in a separate building. It must be of
sufficient size to allow the handling, preparation, packaging, and storage of ingredients and
finished products without danger of contamination from other food contact surfaces,
unprocessed foods or ingredients, or the processing environment. In addition, specific
requirements relate to the construction of the facility, to the equipment and appliances you will
be using, and to the water supply. Your local DFS inspector will be able to help you in
evaluating your food processing facility.

http://homebasedbaking.com/wp-conte...arting-a-Small-Food-Business-in-Wisconsin.pdf

It's telling me I have to rent a seperate kitchen, to make frickin' pickles. :shock: I may have to go undercover and make them with my functioning stove instead.

 

[justabubba]

Thanks Maggie, really. I want to make this work; I'm both anxious, but wanting to adventure... I don't want to really talk your ears off out of nervousness about my goals.... :mrgreen:

Basically I'm scouring through these two websites, printing them off, and saving them on a seperate folder:

10 Tips for Starting a Canned-food Business
http://homebasedbaking.com/wp-conte...arting-a-Small-Food-Business-in-Wisconsin.pdf

Also gonna look into farmer's markets, check out Vistaprint and, *gulp*, maybe take the plung and buy a Food Seller's permit.

It's tough trying to learn all of this stuff, but I'm grateful to you guys for your help.

Gots me some neet ideaz, too. :2razz: I'm thinking a Vanilla-Cantaloupe Jam, and Pickle Daikon radishes with cayenne. The plan is to make the more common stuff, but make a few unique creations to better attract the foodies, as well.

a budding entrepreneur
the pickle dude

find your niche
in the south, farmers' markets are where folks expect to find such canned goods (that's where i find the essential food, chow-chow)

a good friend was crazy about watermelon pickles; seems to have a following
won't take long until you have an idea what people do and don't want to buy
follow the foodies and listen to what they have to say

presentation/packaging is essential. doesn't have to be expensive. just thoughtful

and don't spend your money on licenses, label equipment, business cards and the like until you see this is a viable product in your community. test the market. if it seems to be something that sells, then take the plunge

and good luck in your efforts, wake
persistence always beats resistance

 

[Wake]

Just hit another goldmine of info about WI Cottage Laws... how to navigate them.

How to Navigate Cottage Food Laws - Hobby Farms

 

[Wake]

Crap, I do need to attach a list of ingredients and a ton of other things on the labels of my product. Gonna have to make some big labels then...

Labeling requirement:Most states require labels notifying the consumer that the product was processed in a home kitchen. For example, according to Wisconsin’s cottage food law, the label needs to include the sentence: “This product was made in a private home not subject to state licensing or inspection.” Additionally, the label must include the name and address of the person who prepared and canned the product, the date it was processed, and an ingredients list.

How to Navigate Cottage Food Laws - Hobby Farms

This next part is giving me a run for my money:

3. Get down to business.
If you’ve always loved making jam or baking cakes and sharing yummy results with neighbors or generously donating them to local bake sales, you need to keep in mind that you’ll be moving from “hobby” to “business” and will need to treat your venture accordingly.

“Farmers can grow beautiful produce, but they do tend to underprice the value of what they are selling,” Cantrell says. “Remember to price [your] products accurately, taking into account everything from your labor in the field to the cost of the jars and containers.”

With that in mind, a cottage food business can add a healthy boost to your farm’s bottom line. Schneider grosses approximately $1,500 to $2,000 in annual sales, and she finds canned goods a particularly strong seller at winter farmers’ markets, when folks are looking for holiday gifts.

I know the Gingery Pickled Beets turned out damned well, even BEFORE they fully cured. I don't know how to price them, or how to even factor in my time. The product is a 1-pint jar of pickled beets at $5. EDIT: Just found Marisa's blog, I think. She's the author of the book, "Food in Jars," in which I made her recipe:

Ingredients
◦2 lbs red beets
◦2 cups apple cider vinegar
◦2 tablespoons pickling salt
◦1 cup sugar
◦1 cinnamon stick
◦1 2” piece of fresh ginger, peeled and thinly sliced

Gingery Pickled Beets « First Look, Then Cook

Those are the ingredients. Maybe $5 per jar is too low? I'm thinking either $6-$8, because it DOES take about an hour to boil those beets, which takes a LOT of electricity...

...maybe try passing out samples? If so, where...?

 

[rathi]

U.S. Copyright Office - Recipes

A listing of ingredients is not copyrightable, but other portions of a cookbook are.

 

[specklebang]

Your biggest concern will be marketing. You can easily knock off other peoples ideas with nothing more than a name change. The hard part is selling the product. I hope you figure that out before you put any moey into this. For example, if you wanted to sell on CL, run the ad as if the product existed and see what kind of response you get. Lots of calls? Produce it. No calls? Forget it.

You've gotten some really good, intelligent advice on this thread. Seems a lot of us wish you the best success.

 

[sangha]

Recipes are not protected by law. Feel free to borrow any recipe that pleases you.

You will need to list the ingredients on you label, as well as a nutrional breakdown (grams of carbs, protein, etc per serving)

As you've learned, you might be able to produce product at home, but check the laws in your area. IOW, consult a lawyer, who can also tell you about your labelling requirements. If you can't produce at home, google "commercial kitchen" and your area to find space you can rent for production. Many allow you to rent by the hour, utilities and major appliances included.

 

[Wake]

I'm very grateful for all the help. Thanks guys. :smile:

I've been reading through this, and it looks like I can make this stuff in my own home kitchen, to at least start the business procees. I can't afford a commercial kitchen. This is the closest place I researched:

Contact Us
http://www.superiorequipmentsupplies.com/userfiles/General Info.pdf

No way can I afford the rates right now.

I think I can make pickles from my home under Wisconsin's Cottage Food laws.

5. Grow, if you want to.
At its core, cottage food legislation intends to help micro food businesses launch without the cost of a commercial kitchen. You’re the one managing and directing your business and shaping its future. Sometimes, especially if you have a consistently yummy product and loyal customer base, your volume might reach the point that you outgrow what your state’s regulations will let you produce in your home kitchen.

Dorothy Stainbrook of Forest Lake, Minn., ran into that problem after she started HeathGlen Farm in 1998. “I wanted HeathGlen to be more than a hobby; I wanted to make a living on the farm,” Stainbrook explains. “I got into fruit preserves because I wanted to develop a part of the farm business that would take me through the whole year financially, especially the winter months.”

Taking advantage of her garden abundance and Minnesota’s cottage food laws, Stainbrook started making fruit preserves to sell at the St. Paul Farmers’ Market.

“I did a ton of sampling at the market to get feedback from customers on what they liked and developed a unique distinction by keeping the sugar as low as I can, which really accents the fresh-fruit flavor,” she says.

Stainbrook also tapped into her former bartending expertise and blended liqueurs into the preserves to further enhance the fruit flavor. Volume and sales snowballed to the point that Stainbrook eventually needed to build her own on-farm commercial kitchen.

“My preserve business succeeded because I could start out processing at home,” Stainbrook adds. “As a farmer, I didn’t have the money or the time resources to go into the city and rent a commercial kitchen when I got started. I found Minnesota’s laws very straightforward and easy to understand.” Even when Stainbrook eventually needed to build her own commercial kitchen, she remained committed to building it on-farm and continued to work at home, avoiding the fuel costs and the need to lug equipment and product to an off-farm setup.

That's one of my goals.^ I'm gonna call some WI agencies to see what they say, too.

If I can just start at home to make my products, while targetting farmer's markets, that'd what I want to do. The challenge is finding/making big-enough labels to include the ingredient list, the caption “This product was made in a private home not subject to state licensing or inspection," my name and address (dude who prepared and canned the product), and the date it was processed.


...if I can just do that first, then maybe I can save up enough money to get insurance, registered, etc.