My Joy of Cooking circa 1931 has the following recipes listed for Scalloped Oysters:
Scalloped Oysters with Tomato Juice
" " in Canned soup
Oysters scalloped in Macaroni
Oysters scalloped in spaghetti
Scallop of Oyster and Canned Fish Flakes.
If you are interested in greater detail about these fabulous sounding recipes, let me know which one and I'll post the recipe.
re: E. Cornell
re: E. Cornell
re: Jim Leff
Actually, unless I am grossly mistaken, recipes are
not protected by copyright. The reasoning may be a
bit convoluted, but recipes are considered to be
useful techniques (which could ultimately be protected
by patent, though the requirements are a lot more
stringent) and not fixed expressions. Copyright
protects the expression and not the idea, and recipes
are considered by the law to be sufficiently
utiliarian that their is not sufficient creativity and
expression to supplement the mere idea and method.
I think that during the hearings prior to the 1976
copyright act, Julia Child argued for recipes to be
protected, but to no avail.
Thus, the situation is probably that while the text of
a cookbook outside of recipes is protected, and the
book as a whole is, the individual recipes are not.
So post away (and fire away, all who disagree)!!
re: Alan Divack
Alan--that's contrary to my understanding...which might very well be inaccurate. But until I hear something conclusive from a lawyer specializing in copyright, I'd rather not add litigation to the load of expenses and aggravations related to maintaining this site.
So please DON'T "fire away" with published recipes...or anything else from published sources on chowhound.com, folks!
Happy Gnu Ear (delicious with hot sauce)
re: Jim Leff
There's something delicious about debating copyright
in a thread titled scalloped oysters.
First, re the oysters, I did a web search and came up
with 88 hits for "scalloped oysters recipe". Looked
like some good recipes. No chowhound should have to
strain to post anything but their own specialties on
this site with that kind of easy resource available.
Second, the intellectual property issues here are
convoluted. Copyright or ownership claims are made in
debatable situations. On the other hand, recipes are
constantly misappropriated and used without
attribution, often based on the flimsiest change of
ingredient or wording. I agree with Jim that its
probably too risky to permit posting of recipes
published under a claim (valid or not) of copyright on
this site. Even if a copyright lawyer opines, that
opinion will not keep an aggrieved person from
hassling or even suing Jim.
Happy New Year to All!
re: jen kalb
I think you have it right. It's so easy to find
recipes for just about anything (well, except for Gnu
Ears, perhaps)that there's probably no need to post
any but original recipes here.
My understanding of the copyright laws re: cookbooks
is this. The contents of a recipe are definitely not
subject to copyright protection. If a writer were to
revolutionize the cooking of roast chicken by adding
one cup of ketchup to the recipe, the writer could not
keep others from incorporating this magic ingredient
in their roast chicken recipes.
But as with all other copyrighted books, the
expression is copyrighted. So it is illegal to
reproduce verbatim recipes; if the expression of the
recipe is changed, it is legal (though ethically
questionable). There has been plenty of litigation
about this; the unfortunate cookbook writer has little
re: Dave Feldman
That's my understanding as well, Dave. That you can
paraphrase recipes with impunity, but word-for-word copying is verboten as it is for any
other copyrighted written material.
As for Jen's comment that people who give credit are being "punished", that's
not so. People's written work shouldn't be republished without permission
no matter what. It so happens that those who do so without
revealing the source are less likely to get "busted", but credit or not,
it's a wrong to the author (and a violation of the law).
re: Jim Leff
re: christina z
Sadly, they probably escape precisely because they the
participants post recipes without any source
attribution at all, sometimes boldly passing them off
as their own creations. Since there is very little
that is actually new in the food world and most
recipes really belong in the public domain, it will be
the attribution to a source that will attract
attention, not the recipe itself. You would think
that crediting a source would reduce any offence, but
it appears not.
re: E. Cornell
Sorry I can't help you with scalloped oysters. I
personally prefer my oysters on the half shell with
lemon or malt vinegar but here's something different
you might want to try...
OYSTER WRAPS WITH CAVIAR
12 large Louisiana oysters
Freshly ground black pepper
2 cups flour
2 tablespoons milk
12 medium leaves of Bib lettuce, washed and patted dry
4 ounces caviar, preferably Osetra
1 teaspoon finely chopped fresh parsley leaves
Pour the oil into a deep fryer or deep, heavy pot 1
1/2-inches high and heat to 365 degrees F, using a
deep-fry thermometer to gauge oil temperature. Do not
let the oil smoke before frying. Using a paper
towel, pat the oysters dry and season with salt and
pepper. In a medium-sized mixing bowl, add flour
and season with salt and pepper. In a separate mixing
bowl, whisk the eggs and milk together and
season with salt and pepper. Dredge the oysters in the
flour, coating each oyster completely, shaking
off any excess. Dip each oyster in the egg wash,
letting excess drip off. Dredge oysters in flour a
second time to coat completely.
Place oysters in the hot oil and fry until golden
brown, about 2 to 3 minutes. Remove from oil and drain
on paper towels. Season with Essence. Arrange 3 lettuce
leaves in the center of a plate and place 3
oysters in the center of lettuce leaves. Place a
teaspoonful of the caviar on top of the oysters,
equally among the 4 portions. Fold the edges of the
lettuce in, like an envelope, to secure oysters in the
middle. Garnish with parsley.
Yield: 4 servings