Why it's so hard to own a recipe | copyright, patent, trade secrets, trademarks

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Thanks to Dr. Laura Clews, patent attorney at Mathys & Squire: www.mathys-squire.com/directo...
J. Kenji Lopez Alt's recent video where he discussed the provenance of the reverse sear method: • The Best Way to Cook S...
Nestlé's main 2015 patent application for their hollow sugar invention: patents.google.com/patent/WO2...

[@fullselfcontrol]

Adam is smart. He makes an interview out of it so he dosen't have to pay for legal consultation 😂

[@sissixiong6122]

Omg... you’re a genius

[@LindaGailLamb.0808]

I wonder if he's patented that technique.

[@blakfloyd]

This cracked me up.

[@AJ12Gamer]

@@LindaGailLamb.0808 i anit gonna lie. But that sounds smart af 🤣

[@Serecola]

He even makes money after the ad revenue and sponsor of this video. Stonks

[@yahyashaikh7151]

I like the way adam takes things I dont care about at all and think are boring and makes them interesting and fun to learn. Theres this charm to him speaking I cant stop listening to this guy oml.

[@bearshunnypot302]

Same his content is amazing

[@consoleking9670]

Same. This is an objectively boring topic and I’ve already watched the video twice

[@bearshunnypot302]

@Samil Mahat I think ***you're heterosexual

[@j-sizzler5897]

Preach

[@bearshunnypot302]

@Samil Mahat 😐 bro

[@TVBenSifka]

Adam’s children walking around threateningly in the back makes this the Halloween episode

[@deedumeday518]

@Kwiene Makeda 2:50

[@fatshpee7174]

His spawn

[@deadfr0g]

He’s just standing there... MENACINGLY!

[@MetaBloxer]

5:55 WHAT DO THE THREE FIVES MEAN???

[@eac-ox2ly]

lmao

[@ChineseCookingDemystified]

If only copyright law was as eminently reasonable as patent law...

[@uselessgeneral1299]

Feel like Adam would love you considering how Shaoxing wine is in every recipe.

[@toddellner5283]

BWAHAHAHAHA!!!!!!

[@joeqiao1691]

@@uselessgeneral1299 Liao Jiu aka Shaoxing Wine

[@poshjo5355]

@@joeqiao1691 Everyone gangsta until Liao Jiu A.K.A Shaoxing Wine is swirled around the wok using a spatula.

[@BigHenFor]

It can't be because the subject matter is different between copyright and patents. Patents protect inventions that have an industrial application, whilst Copyright protects ideas expressed in a medium. Patent Attorneys are possibly the polymaths of the legal world in that they have to be as knowledgeable in engineering and science as they are in the law in order to practice effectively as they are steering their clients through a necessarily complex and expensive procedure to secure a patent from the State. In contrast, Copyright doesn't need to secured from the state to exist. A copy of the work need only be sent by registered mail, or registered by a recognised official body to establish a claim of copyright. The complexity only begins when that claim is either challenged by another claiming a preexisting copyright or, a copyright holder claims that their copyright has been infringed by another. With patents being formally acquired from the state, it is often a race between inventors to acquire a patent before their rivals, as Edison was alleged to have beaten his rivals to get a patent on his electrical distribution system. Patents are arguably clearer and simpler as they avoid disputes by establishing the right to legal protection upfront before any economic gains are derived from the patented invention. In practice, copyright is defended only after the work in question has already been exploited, thus incurring a greater potential for costly legal action. One thing should be noted is that the output of artistic works that qualify for copyright far outnumber the inventions that go through the patent process.

[@DavidLizerbram]

IP lawyer here - I'm always terrified when I see someone in the non-legal media wander into a discussion of IP law. Even major newspapers & media outlets get these things wrong all the time. But, of course, Adam got just about everything right. Well done!

[@felipebusnello]

Intellectual property attorney here. Congratulations on the correctness of your content. It is remarkable that there was not a single slip on missinfirmation. Tom Scott and you are the only two content creators who I've watched get it right until today. Congratulations! Also, have a read on "The Exclusive Right to Read", by Jessica Litman. Her point is made by the idea of recipes as a subject matter for copyright. It's an easy read, and deliciously sarcastic. And, if course, in the spirit of the article, free to read online.

[@Snuzzled]

Man, it's a good thing you can't copyright a recipe. Can you imagine how that would work in the US? Nestle would be busting down your door every time grandma made chocolate chip cookies because they own that recipe.

[@harrisongoldstein2137]

I’ve never heard such a clear and to-the-point layman’s explanation of IP law. Fantastic journalism.

[@Eledaraumar]

Adam should have moderated the presidential debates.

[@killerbee.13]

This is one of the best ones I've seen. He and his interviewee actually took the time to explain that the different things that get lumped under "IP law" are really very different things, whereas a lot of the time people sweep it under the rug and just generalize from copyright to the others because that's the one most people know most about. He didn't go into the difference between registered and unregistered trademarks, or even what specific activities trademarks protect, but he did point out that it is basically irrelevant to the central point of the video so it was fine really.

[@FingeringThings]

Me: discovers new recipe Companies: is for me?

[@UBvtuber]

I like how you have a green checkmark in your name XD

[@illia_troshuk7071]

@@UBvtuber Green?

[@UBvtuber]

@@illia_troshuk7071 oh i forgot, it might look different on phones, but on PC it looks green.

[@illia_troshuk7071]

@@UBvtuber Oh yeah, probably, lol, I thought you have been sarcastic or something

[@retropulpmonkey]

Why content farms are merely shilling their eternal souls, NOT stealing your recipes.

[@FffffffffffffffffffffffffffffL]

Why your meme is dead, NOT alive

[@gumpygumpy]

@@FffffffffffffffffffffffffffffL So glad someone else is as tired of these shit memes as i am. But this one is kinda clever

[@retropulpmonkey]

@@FffffffffffffffffffffffffffffL :(

[@SexyDalton]

“Turns out it already existed, but I arrived at it independently” - Pete Campbell, 1962

[@xxxo_ashb0ts]

Love this quote for this video

[@marybazargani6929]

@@xxxo_ashb0ts Great quote!

[@moonkingkei5547]

Saving this for the next time someone complains about me making an unoriginal joke.

[@abonynge]

Why put 1962 on a Mad Men character?

[@andrew4363]

So, the Krabby patty secret formula isn’t safe? PLANKTON!

[@TheSteam02]

Mr. Krabs should've been in jail a while ago for breaking so many laws and committing so many war crimes.

[@adrianolimaco8500]

@@TheSteam02 true Made by plankton

[@sashasguitarcovers5921]

Technically Mr. Krabs could keep it safe since he kept it in a bottle in his office. It's not like he posted it online

[@deedumeday518]

Mr. Krabs is a war criminal

[@zhiracs]

It's protected under trade secret rules. Only Krabs and Spongebob know it (Squidward works front of house so he's not in that need-to-know circle), and Krabs has ensured that Spongebob takes precautionary measures to keep the recipe a secret, e.g. censoring the actual names of ingredients when singing. And yes, as another commenter said, the formula is kept in a locked safe (with several known decoys) so it's physically secure as well as intellectually.

[@xp_studios7804]

I think it's great that recipes can't be owned. Copyright law is way too overprotective already. Imagine if somebody could sue every single person who reverse seared a steak on KZbin!

[@tonydiehl5449]

Nicely done. I’ve been an IP lawyer for nearly 30 years and I can’t recall a more accurate, thorough and clear summary of IP law for the lay person. So much credibility earned!

[@wallacetf]

as a brit, i love the british bits in these videos. (in this one: the patent lawyer; 'just because you can NICK someones recipe...')

[@johannesmohl3324]

Going out on a limb here... but I believe you call it a grill? :-)

[@sfmc98]

@@johannesmohl3324 It's a broiler! Lol two countries separated by a common language

[@SlamBolts]

The Brits would call that a "cameo"

[@Peasant_of_Pontus]

Why does this lady say that it's unfortunate that statements of fact, ideas or methods of operation are not copyrightable? Copyright is an unfortunate side effect of encouraging creativity. It's already often too overbearing to the point that it stifles it. Wanting for it to be even broader is bananas, we should strive as a society to limit the ability of giant media conglomerates to control the market, not help them do itm

[@fishworshipper]

Because it is unfortunate for a particular kind of person: cooks trying to copyright a recipe. “Cooks trying to copyright a recipe” is the premise of the entire video, so they likely didn’t feel the need to draw attention to the fact that that statement was made in a very particular context.

[@Corrodias]

Indeed, while I agree with you about copyrights being far too strong or long, and I also quirked a brow at the use of "unfortunate", I'm going to give her the benefit of the doubt here that the implication was "unfortunate for someone who wants to copyright an idea".

[@Vegemeister1]

Because her salary depends on believing it.

[@fishworshipper]

@@LiberatedAmon This is true, but also unfortunate for people with food allergies. Avoiding everything with "spices," "herbs," or "natural flavors" as a listed ingredient is... difficult, to say the least. It also makes it difficult to pin down exactly which herbs, spices, etc are to be avoided for home cooking.

[@artman2oo3]

It encourages creativity if you are “the little guy” an independent creator, but it stifles it if copyright law is abused by giant corporations. Like when Mickey Mouse’s copyright kept almost expiring and Disney, who has more money than God, just simply got the politicians they had bought to just pass a law extending copyright. (But because of the pandemic the last time it was to be renewed in 2020 everybody was a bit too distracted by the Plague so I believe Mickey Mouse is finally in the public domain.)

[@justgrey3114]

pretty sure my mom owns most of them, but I'll listen to what you have to say

[@TheSteam02]

Anyone with eyes can definitely see why your mom owns all of them.

[@fortune6858]

@@TheSteam02 ooh damn. he went there

[@chaosincarnate7304]

@@TheSteam02 Ngl that was creative.

[@justgrey3114]

@@TheSteam02 oi

[@beepboopsloane]

I worked in HighSchool for a IP law firm, and iirc, you CAN renew patents if you can demonstrate a new addition that is in and of itself, novel, non-obvious, and useful. Basically if you get a whole new patent on an addition to your original process, your original patent is extended to the length of the addition. This has actually lead to some companies “uselessly innovating” where they change their processes just to continue protections. Note, patents don’t need to be improvements, just novel, non-obvious and useful (most judges agree ‘useful’ simply means it can work).

[@JustADioWhosAHeroForFun]

I can't wait for someone to copyright cooking oil

[@AxxLAfriku]

Why'd you have to go and make things so complicated? I see the way you're acting like you're somebody else. Gets me frustrated. Just admit that you love the videos I make, my dear dio

[@ngc4260]

@@AxxLAfriku damnit, you’ve reached Adam

[@giantpinkcat]

@@AxxLAfriku Making a Reference to Avril Lavigne, huh?

[@Emmanuel-xm9sd]

@@AxxLAfriku good one

[@deadfr0g]

Start by preheating your pan on medium-high, and add in two tablespoons of copyright infringement.

[@mbrad25]

Another issue here is that being awarded a copyright only enables you to enforce the protection of your copyright. If you aren't actively enforcing the protection of your copyright, then nothing is actually getting protected. So having the copyright is one thing, but actually having the funds and legal team to defend your copyright in court and go after violators is another thing. Not really a huge deal for producers like Nestle, but more of an issue for the smaller inventor.

[@keveneven1410]

The crazy thing about Kenji’s idea is that I literally came up with it last week. Last week I thought to myself “what if I cooked the inside of the steak first and then seared the outside?” Just proves Adam’s point about people having the same ideas.

[@o0Avalon0o]

Copyright is a fluid thing on youtube... if you have enough money, you can bully whomever you want with copyright. For example, a company used copyright strikes & threats of legal action to have negative reviews taken down & to take positive reviews' advertising revenue (that they have no right to.)

[@jellehuibregtse9476]

I know this is video is still related to cooking as it is about recipe copyrights etc. However, your way of discussing the topic would suit any other topic beyond the food world. Love it!

[@WoodDRebel]

love this content. no idea how you keep coming up with different topics unique like this so often, but i enjoy the heck out of it

[@thebaysix]

Copyright law artificially restricts supply and drives up prices unnecessarily. Recipes-as in, the sequence of words on a page that describe how to prepare a dish-are not scarce resources (ECON 101 type stuff here) and thus are a great example of something that should NEVER be copywrited.

[@BoxStudioExecutive]

sure, artificially restrict supply of an extremely elastic good because how many people are going to go out of their way to buy an expensive recipe for how to make pizza when there are 5,000 recipes available for FREE on the internet? Looks like it's time for you to attend ECON 102

[@oxybrightdark8765]

@@BoxStudioExecutive if the recipe for pizza was copywrited, there wouldn’t be.

[@theyellowbox1]

Ethics in food production sounds like a fantastic topic for the future!

[@JoaoOliveira-de6up]

Your videos are on such a great range of different topics. It really sets you apart from other channels in that sense. Not all of them (the ones that aren’t about cooking) interest me, but some, like this one are very interesting to me. Great job!

[@p.michaellabowicz912]

Adam you always make topics I would never normally be interested rather compelling. Good work.

[@wngdhssr]

Your scriptwriting skills and delivery are amazing. Love your work Adam.

[@starofknight]

Everytime I come to this channel I learn something new. Thanks for sharing

[@josephdouglas5242]

I love it when an informational KZbinr I follow does a video on a topic I actually know a decent amount about, and they're correct. So many times have I started watching a KZbinr, then they cover a topic where I can spot the numerous errors, and am left with no choice but to assume errors in their entire library. Keep up the credibility Adam!

[@Corrodias]

When you brought up ethics, I was entirely expecting the next sentence to go, "Just because you CAN prevent other people from preparing your recipe doesn't mean you SHOULD.". I'm surprised to hear it approached from the other side.

[@Bryanpena270]

I love how things that I would over look always have a story, thank you, Adam, for educating me and other viewers!

[@tcmr5775]

Congrats on 1mil subscribers, Adam! You deserve it.

[@kimsmoke17]

“Inventive” has always been explained to me as: “not obvious to one skilled in the art”

[@iang0th]

That's not much better, though. To take a specific example I ran across not too long ago, with 3d printers, sometimes it's useful to put them inside an enclosure (basically a box) to maintain a higher air temperature and prevent drafts. Enclosures aren't patented, probably because you can't patent "the box." Now, knowing about enclosures, what's your immediate thought? Build the printer directly in the box, right? It's incredibly obvious. But *that* idea was patented.

[@cryptnotic]

The term of art in US Patent Act is "non-obviousness"; "inventive concept" is the UK or European terminology. The term "inventive", however, has sometimes snuck into court decisions in the US, so it's complicated.

[@cryptnotic]

@@iang0th Obviousness analysis is (ironically) very complicated. First of all, the analysis is always in relation to the specific claim language, not the general idea of the patent. People complaining about some patent being "obvious" often restate the claim in a very broad way to make it sound like the patent claims some general idea. That's almost never actually the case. Most patent claims are drawn to some very small specific improvement to some other invention.

[@killerbee.13]

@@iang0th Unfortunately, because so many patents get filed and so few of them are ever actually enforced, the Patent Office is rather lax about the requirements for *filing* the patent. Instead, they leave it up to the courts to actually judge which patents which are litigated are valid. Unfortunately, again, a lot of people who are sued for patent infringement can't afford lawyers so those cases are never decided on by a judge, it's only when it's a larger company on both sides of the lawsuit that they get that far, usually. It's a broken system in a lot of ways and there are a number of organizations lobbying to change the law to make frivolous patent lawsuits less profitable and easier to challenge. But it doesn't mean that the "built it inside the box" idea is actually validly patentable, for whatever that's worth.

[@kadalavan4589]

Last time I was this early Adam was having a stroke over vegetable soup

[@GuvernorDave]

JUST THROW IT IN A POT AND BOIL IT

[@alexskorbjaschenskij3517]

NOOOOOOO

[@ryanhall8770]

If I had heard this from anyone else I'd be immediately bored, there's something about how Adam does it that makes me want to listen. I would've never researched this or been interested until he uploaded a video and now I'm intrigued by the concept. Interesting, thanks Adam

[@ikesau]

As always, this is a well-researched video that presents the nuanced conclusions of subject matter experts. Experts who have dedicated their careers to validating the argument for patents and copyright. And yet, I hate copyright and patents! What a ball and chain on human society and the freedom of ideas!

[@FluxTunableTransmon]

I love how this channel keeps mixing good food with interesting facts! Keep up the good work!

[@fusion_guardian]

Me: bakes cookies Company: *Hippity hoppity your cookies are my property*

[@JeffLifeInReview]

Love listening to Adam explain stuff. Dude is awesome and it’s always entertaining.

[@brittanydalton3419]

I love the educational videos he does. I'm surprised by how much I want to know more about cooking

[@mubarak9793]

This topic took us one whole semester to learn and adam covered that in one video. 👏👏👏👏

[@subhasish-m]

2:45 Love the little guy in the back!

[@toddellner5283]

Actually, you can "re-up" some patents. In the pharma industry it's almost routine to sell the rights to a drug, often to a new company spun up specifically to extend the protections, just before the patent expires. At that point it resets under US law. Not for all patents, but the pharmaceutical industry has been generous with campaign contributions.

[@jasonsharmamusic2925]

Adam out here discussing topics we never thought about. Thank you Adam😁

[@Irthex]

A general patent requirement that I don't think Adam mentioned is the requirement that the idea is non-obvious to a professional in the field. This requirement is super tricky, it could easily fill a whole video on its own, so I understand why it's not here.

[@yumnuska]

That was a pretty good discussion about the differences between copyright, trade mark, patent, and trade secret laws. I’m a bit surprised that it was in the context of recipes, but not totally surprised. It was satisfyingly appropriate and correct, thanks for that!

[@bentuu1976]

Happy 1 million Adam

[@ericbarlow6772]

While registering a copyright is a bonus, it makes it a lot easier to defend legally. I have a friend who owns a publishing company and he highly recommends registering your copyrighted work.

[@TheIrishAlchemist205]

Love your channel so much Adam, I always learn something new AND learn a new way to cook something! 🥰 Can I also say how much I appreciate you captioning your videos? SO HELPFUL for me. I mean absolutely no disrespect in saying this, but I watch several other "big name" multimillion-subbed foodtubers who also do voiceovers and have a scripts, that DON'T. Drives me bonkers. I love that you and Emmy(madeinJapan) put in the time to get them in, even being relatively "small time".

[@cozyvamp]

As usual, cogent, clear and enjoyable. Thanks!

[@SpiritLife]

I love the educational aspects to your channel as much as the food part. You've reached a perfect balance! Jesus bless you Adam!

[@shinyinstant3061]

Hi Adam, your videos are amazing and I love your recipes so thank you for making this Chanel because it’s teaching me recipes!

[@garrettquigley8710]

Congrats Adam on 1 million subscribers!!

[@user-cp9id1mj8b]

Adam Ragusea has cemented himself as the best cooking channel on this website. No one else even comes close.

[@jgoat5248]

I barely cook but your videos are so entertaining!

[@manueleghorab6378]

Same ! I cook a lot but I basically never cook his recipies, but it makes so much fun watching him .

[@user-fb1pk2yw8w]

@@manueleghorab6378 i cooked a few of his recipes. I especially love his tomato sauce one.

[@wiznendo]

"Deserts offten copy intelectual property illicitly, but it's okay because I've given permission" he says, while showing a gold play button biscuit, with KZbin's logo that he can't possably own

[@Markle2k]

I'm going to say that the play button is not owned by KZbin as they used the literal play button that has been on audio and video equipment for decades as their model. They copied a public domain design.

[@octorokpie]

@@Markle2k Not impossible they'd have a trademark on the specific form of that dimensions of triangle inside of a box with rounded corners in relation to online video and maybe even the one shade of red for specifically the same context.

[@Markle2k]

@@octorokpie But you have given us several "outs". The central concept is that of 'confusion'. Noone is going to confuse his confection as representation of the business of KZbin. He's specifically referencing his recognition by KZbin as having achieved that result.

[@jb888888888]

Turning it into food is transformative and therefore falls under fair use.

[@correadoggsten]

@@jb888888888 forreal?

[@Maxaldojo]

Brilliant topic, Adam! Thought provoking, interesting and well presented, as always.

[@Ok-lk2gt]

I like how his kid is just randomly hanging out in the other room while he’s filming.

[@h0td0gw4ter]

How is it random? His kids live there

[@amersaidat1905]

@@h0td0gw4ter lmfao

[@wristocrat]

I love this channel and the content you (and your lovely wife) make! Your consideration and respect for science are undeniable. Furthermore, these recipes/philosophies have vastly improved my relationship with cooking (both in terms of nutrition and enjoyment). *steps off the soapbox*

[@cacheman]

1:40 Nothing "unfortunately" about it. It's rather fortunate! Of course to your average "IP Lawyer", broader would be better. More restrictions, more disputes, more money.

[@roseberry-nj2ux]

Delivering a law/legal lesson on a cooking channel. What a flex.

[@gretathuumberg]

Why I season my trademark, and not my patent

[@penguino8185]

Why I use a dead meme and not a relevant one

[@gretathuumberg]

@@penguino8185 I like my memes how I like my women... Dead for a while and hooked up to car batteries

[@ApoBlau]

😬

[@frgwyn3760]

There is a rumor going around that if you use “white wine” in your recipe adam has full control of that recipe automatically.

[@MetaBloxer]

Is this why he discouraged red wine with some recipes?

[@chesteramstrong2592]

My man Adam your transitions to the sponsor are smooth as usual

[@spahssappinmysentry2342]

Adam’s getting really good with the transition from sponsor to video

[@JakHart]

This is also very much the same for magic trick/effects. It's nearly impossible to copyright magic, even if it is published in a book. Penn and Teller figured out the method to be able to copyright their magic, write the effect into a script, such as a play, and copyright that. Bam, the magic in question is copywritten.

[@sandehbyss]

Having taken a IP law class in college, this was a nice and succinct summary!

[@yasminmashaqi]

I really appreciate on your channel that you get experts on everything, Nice informative videos i like to watch

[@BarbarianGod]

7:00 I always tend to cook chicken that way, with a bunch of water first to make sure it's cooked through, then with oil to brown the outside, bonus points it never ends up dry

[@ducksurfingalong]

Those ad transitions are so smooth I never see them coming. Adam could ask me to join his cult and I might not even notice.

[@martijnskate111]

I love your recipes but these types of videos are even better!

[@219sciguy]

Adam, could you do an eggplant video? I love eggplant rollatini, also eggplant parm, and it seems like such a pain in the neck to do in a home kitchen. Placing slices in between paper towels under heavy objects all around my kitchen... There must be an easier way!

[@DahVoozel]

This explains why I have to drill through three pages of poetic waxing about luncheons in Nappa when I just want to get a recipe for oatmeal cookies.

[@lucasn.m.755]

YES THIS IS SO TRUE!!

[@MetaBloxer]

you might be onto something with that...I never thought of it that way.

[@rosezingleman5007]

I assumed you would use Kenji’s vodka pie crust recipe fracas as the example. Excellent content as always.

[@Fenderbnder528]

Wow. I needed to hear all of this. Ty

[@duolozjr8931]

Adam always ask and answer the BIG questions

[@MetaBloxer]

"I mean, we're literally discussing the meaning of life here!" -Adam Ragusea, on why we cook at home anymore.

[@LennyYT]

Would love to see more on the current state and future of copyright

[@LezerniWolf]

Idk much about law, but Adam deserves a biography/autobiography on his life

[@Kenjiro5775]

You made me think of Alton Brown and the show "Good Eats". His shows were unique and novel. 👍😁

[@naughtiusmaximus1811]

He's cited A.B. as an inspiration in other videos which is super cool.

[@whynotcaptaincrunch]

"Trade dress" seems to me the most bullshit of the different IP protections. I understand the purpose of copyright and patents. And trademarks are there to protect businesses from copycats seeking to trick customers. But, assuming I put on my own label and make very clear I'm not pretending to be Toblerone, I don't see why I shouldn't be able to make and sell triangular chocolate bars.

[@jackfrenchpresents]

Why would you even want to when nonagonagonal chocolate bars are an unexplored market

[@iagocavichini6084]

@@jackfrenchpresents Why stop at nine? Let's make decagonal.

[@cryptnotic]

Because the product doesn't stay inside the packaging. If the chocolate with the distinctive shape was taken out of the packaging and served to someone, there would be confusion as to the source of the goods. For Toblerone, the scope of the trademark will be limited to shapes that are confusingly similar to Toblerone's shape. So you would probably be able to make and sell triangular chocolate, just not in the exact shape of Toblerone.

[@killerbee.13]

@@cryptnotic There are a lot of kinds of candy bars that I could recognize with no packaging, and that's even ignoring the fact that so many of them have the branding literally stamped into the bar. Because an average consumer would be able to glance at a chocolate bar from one of those brands, including Toblerone, which has a particularly distinctive shape, and immediately connect it with a specific brand, it is protectable by trademark, because one could take advantage of that to confuse customers. But if you made a triangular bar that didn't have those peaks and flat sections between, you would probably be fine because those are the details that make Toblerone recognizable.

[@jimzecca3961]

@@killerbee.13 the drop shape and size of a Hershey Kiss is a comparable comparison.

[@KontinuumLAB]

1:39 " *unfortunately* , copyright doesn't extend to statements of mere fact" That's actually probably quite fortunate...

[@tissuepaper9962]

not if you're an IP lawyer!

[@AnonymousGentooman]

"the objective of a patent is to get you established in the market with your invention, not to give you an indefinite monopoly" copyright should be the same, patents sound way more reasonable

[@mortygoldmacher]

Copyrights expire as well. For literary works it expires fifty years after the death of the author. This allows an author's children to benefit from the creative work.

[@arandombard1197]

@@mortygoldmacher Why should anyone besides the author benefit from the work? Copyright is already way too long, it needs to be shortened.

[@mortygoldmacher]

@@arandombard1197 It makes more sense to treat creative work The same way tangible property or choses in action (financial instruments) are treated in succession law. When I die the fruits of my lifetime of labour will be passed to my heirs, and they too can leave it to their heirs. Why should my literary or musical property be treated differently?

[@arandombard1197]

@@mortygoldmacher Because they're not tangible assets that need to be monopolized. Somebody shouldn't own a piece of culture that they had nothing to do with creating just because they're somebody else's kid.

[@mortygoldmacher]

@@arandombard1197 What did Sam Walton's grandchildren do to deserve their share of the Wal-Mart fortune? You haven't given a principled basis for your opinion. Bruce Springsteen sold his catalog for $500m despite that it will eventually pass into the public domain. It would be worth far more if copyright law didn't arbitrarily limit its value. Its cultural value directly creates its monetary value. Maybe Wal-Mart ought to become public property at some future date.

[@cryptnotic]

Note: The language of US patent law is a bit different from that used in the UK. In the US, we use the term non-obvious instead of inventive and utility instead of industrial applicability. The concepts, however, are generally the same even if the words used and some of the details are different.

[@jamesthomas4080]

I made that brick chicken and veggies meal the other day, along with your garlic lime rice. It was really good.

[@SarahLizDoan]

Oh within the first 5 minutes! Yay! So very interesting and necessary as I’m working on a cookbook.

[@jari948]

Just be careful of copyright

[@ummeyfatema6424]

dis man and his smooth sponsorship transitions 👏👏👏

[@idontusenumbers]

Meijer makes a "Cola for people that like coke" and a "Cola for people that like pepsi"; they are in red and blue bottles respectively. If they aren't perfect replicas, they are darn near close.

[@lukehill9934]

I'm kind of amazed you never brought up the Cronut.

[@lukehill9934]

Also, side note: If ever there is another version of this you simply NEED to collab with LegalEagle or Leonard French on it. ;-)

[@mikeware1764]

Striplings is a great butcher! I shop at the Bogart location. I first shopped them in Cordele. I like your taste in butchers.

[@TrumpetGuy360]

Why does she say it’s unfortunate that copyright doesn’t extend to statements of fact or ideas? Additionally, how terrible would it be for someone to copyright a method of cooking meat? So nobody in their own homes would be allowed to reverse sear a steak without paying a fee to the copyright holder? Seems like an extremely hard sell to me even if Kenji was the first to come up with the idea AND he tried to copyright it. As for the art comparison, I think that one is a hard sell too. Say an artist paints a scene with a red house. The artist couldn’t then copyright any painting of a red house. With recipes it’s similar. Even if people try to cook exactly the same way, it will always turn out differently the same way any painting of a red house turns out slightly different.

[@emmamemma4162]

Well, music is protected under copyright law, but that does not stop you from performing someone else's music in your home. It is only when you record and distribute the music or perform it in front of a paying audience that you need to worry about copyright. So it would be fine to reverse sear steaks at home to your heart's content, but if a restaurant was selling unauthorized reverse seared steaks they might be breaking the law. Or possibly, it could be illegal to include instructions on reverse searing in a cookbook or make a yt-tutorial on reverse searing.

[@killerbee.13]

@@emmamemma4162 Though in this instance, Adam was talking about patents, which are quite different-there are no personal and/or non-commercial exceptions for patent law, and you can infringe on a patent you didn't even know existed. Which would make patenting a household cooking technique even more terrible.

[@emmamemma4162]

@@killerbee.13 True, having a patent on a cooking method would be terrible. The comment I responded to only mentioned copyright, though.

[@shawandrew]

This reminds me of a channel idea. I'm sure others have thought of this. I watch cooking channels and I try recipes. I make any changes that I normally would and I talk about and show the process and end result, eg did cutting all the stuff that they had ready in small bowls take forever? What was the clean up. Did my changes help?

[@stewiegriffin12341]

“Thomas Edison invented the lightbulb.” TRIGGERED

[@rlkinnard]

what's the problem; you a humprhey davy fan. I guess that adam should have said that edison and swan invented the commercial lightbulb.

[@marshmallowgod284]

@@rlkinnard stole*

[@rlkinnard]

@@marshmallowgod284 it seems that Edison and Swan were working on the same thing at the same time. Swan made some improvements; Edison others; they joined forces. The light bulb had been around for years, just not a cheap one www.livescience.com/43424-who-invented-the-light-bulb.html

[@tylerbuckley2747]

This reminds me when I was at the PTO. Was told a story about when they accidentally patented the PB&J sandwich and had to undo it.

[@TheSwedishRider]

Recipes can fall under copyright as a collection. If I write a cookbook and somebody steals a bunch of recipes for another cookbook. This would obviously not apply to "Italian Pasta Classics", but e.g. if I create new recipes and find a lot of them in another cookbook. I think, to make copyright applicable in this case, the recipes must be in a number that the character of the cookbook resembles mine more than being an independent individual collection.

[@pizzabella_2356]

before even watching this, i knew j kenji lopez-alt was gonna come up like white wine in other videos

[@HowToCuisine]

Very interesting! Thank you! ❤️

[@GroundThing]

The 20 year patent is closer to double that, in practice, at least for US patent law, since companies will often times submit a provisional application, which allows for them to use the phrase "patent pending" which can then be extended through other means (I'm not a patent lawyer so I'm not 100% on the details, but I studied materials engineering in college, and at least there effectively ~40 year patents were the rule rather than the exception, through the delaying of official application date to decades after discover through this method)

[@DragosCCostache]

There was some recent drama in the romanian food youtuber scene that ended up in court. Tl; dr drama over a “cake-eclair” led to copyright claims which led to court cases (but not copyright related - loss ov revenue related). Judges said nah. The battle rages on in appeals court.