yttuser

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Hey Guys,

over two years ago I’ve uploaded a video where I’ve cooked something and used a recipe from an author.

I gave said author credit in my description as “Credit: websitewithauthorsrecipe(dot) com”.

The author was not mentioned by name, and the website was not the authors website but the author published their recipe under that website with their name.

Now the original author of the recipe filed a copyright claim and YouTube took my video down.

I filed a counter notification but YouTube just rejected it saying that it wasn’t clear enough.

My understanding is that recipes fall not under copyright law, circular 33 from US copyright law states that a mere listing of ingredients and simple instructions can’t be copyrighted.

I also fail to see how I abused this copyright as I just filmed me cooking their recipe and giving credit to a website where the author is clearly named.

What can I do?
Does anyone know more about copyright/recipes? I see Buzzfeed and Tasty constantly ripping off cooks like Kenji Lopez-Alt without even mentioning him and now my video got removed.

If some of you would recommend a lawyer, where would be a good place to start to find one? I am not located in the US and I would prefer everything over the internet.

Thank you in advance!
 

Xarty

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Technically you can't really do too much - if you file for the counter-claim, you either get your video back on the platform or get it deleted while waiting for a court process.
"Strikers" need to send YT the proof of them suing you for the sake of permanently removing the video.
Coutner-claims only work on creators that won't really have money for suing you. If you wanna couter-claim a bigger company, you might only get yourself trouble, unless you're really sure that you uploaded the video properly and according to the law, but then the court will check if that's actually true. If it's not, then you're gonna be in very big trouble.
 

Nicekid76

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You need to modify the recipe in some way.

If they say 3 cups of milk, maybe you can say 2.75 cups of milk.
If they say 1 tbsp on sugar maybe you do 2 tbsp.

If you change the recipe you can say it was inspired by but not the same recipe.

I also fail to see how I abused this copyright as I just filmed me cooking their recipe and giving credit to a website where the author is clearly named.
Giving credit does not suddenly allow you to steal people's copyrights. and unfortunately copying someone recipe is not "fair".
If I took your video and posted it to my channel and credited you... that's not fair. neither is just taking someone else recipe.

It could be argued that your video is replacing their recipe on their site. So now they don't get as many ad hits because people just watched your video instead of looking at theirs post.

Also,

My understanding is that recipes fall not under copyright law,
What gave you that idea? Source, please.
Also, sometime channels claim videos even if it's legal because most people do not dispute. If you legally think you are right then you could always sue for false copyright claim that being said, I AM NOT A LAWYER THIS IS NOT LEGAL ADVICE.


I see Buzzfeed and Tasty constantly ripping off cooks like Kenji Lopez-Alt without even mentioning him
a. they might be changing the recipe somehow.
b. if you comment about the recipe as you are making it you can technically cite fair use as commentary is fair use. I think it would have to be commentary throughout the whole process personally.
c. they might actually have a contract with those creators about using their recipes
d. those creators might be getting royalty checks
e. the company might not want to sue a bigger company because even if they win they sometimes lose money
 
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