Copyrights in Recipes

In May, I went to Boston for an Intellectual Property conference.

As I was enjoying my high carbohydrate breakfast with a colleague, we discussed recipes and when I came back to Israel, I sent her my special recipe for a 5-minute Maple Syrup Cake.

Two weeks ago, I send her some work (what can we do, we make our living by filing trademarks and industrial designs) and in the spirit of the coming Hanukkah Jewish holiday, she asked if I can send her a recipe for Sufganiot (the Jewish version of the donut). I told her that I didn’t have a recipe for Sufganiot, because 5 minutes work are the limit of my baking capabilities, but that made me think about the oh, so interesting subject of copyrights in recipes.

According to the Israeli Copyright Law of 2007, Copyrights can be awarded to literature works (among other works). It can be argued that a recipe is to be considered as a “literature work”. However, according to the law, ideas, facts, or practices are not considered as “works” and cannot be awarded the copyright law protections. Therefore, it was determined by Israeli Magistrate Court in Herzliya[1] that a recipe, that includes a laconic description of the ingredients and a brief description of the technical preparation instructions, is to be considered as a mere “collection of ideas and facts”, and not an original work.

With this, and as a tribute to our own Vegan legal representative in the office, Adv. Michal Vilozni, I feel comfortable attaching to this article a surprisingly yummy vegan recipe for Sufganiot, one that I will surely never bother to prepare.

Happy and fattening Hanukah/Christmas/New Year! (all choices are acceptable)

A surprisingly yummy vegan[2] recipe for Sufganiot

Ingredients:

Dough (12-14 donuts)

4 cups of white spelt flour               1/3 cup oil

1 tablespoon of dry yeast                 1 cup warm water

1/2 cup brown sugar                         1/2 teaspoon salt

1/3 cup apple sauce

1 teaspoon vanilla extract

Coating                                                  Jam                                               Decoration

2 tablespoons maple syrup               300 grams of strawberries       50 grams of powdered sugar

2 tablespoons coconut oil                 1 tablespoon lemon juice

2/3 cup brown sugar

Preparing the dough

1. In a large bowl mix flour, yeast and sugar.
2. Make a hole in the center and pour to it oil, apple sauce, water and vanilla extract.
3. Mix well with a spoon until it forms and then add the salt.
4. Knead for 10-12 minutes until the dough is uniform and flexible (if necessary add a some water).
5. Lay in a large greased bowl, cover with plastic wrap and place in a warm place for about an hour.
6. After an hour take the dough out of the bowl and knead a little to get the air out.
7. Make balls (half the size of a donut) and place in large spaces on a sheet lined with baking paper.
8. In the bowl mix coconut oil and maple syrup.
9. Massage each donut generously.
10. Cover with plastic wrap and place in a warm place for about 45 minutes.

Jam

11. In the meantime, cook in a small pot all the jam.
12. Mix on medium heat for about 10 minutes until thick.
13. Transfer to a suitable pot and place in the refrigerator for stabilization.

Baking

14. After 45 minutes turn on an oven at 190 degrees turbo.
15. Bake the donuts for about 12-13 minutes until slightly golden.
16. Cool for a few minutes before filling with jam.

Filling and decorating

17. Using a squeeze bottle or pastry bag, fill each donut with jam, generously.
18. Sprinkle over powdered sugar and serve warm.

BON A’PPETIT!

 

[1] Civil Case 41022/04 “On the Table” Gastronomic Center Ltd. v. ORT Israel (10.5.2007)

[2] No liability as to the taste…