The Digital Millennium Copyright Act (“DMCA”) prohibits circumvention of technical measures that control access to copyrighted works. The DMCA’s anti-circumvention requirement permits copyright holders to control how users can access digital works, and also prohibit modification of those works without permission.
In the years since the DMCA was enacted, the Copyright Office has issued several exemptions to the DMCA’s anti-circumvention requirement. In October 2015, the Copyright Office published a new rule adding several new exemptions, including: Continue reading
When a chef develops a menu for a new restaurant, can the chef or the restaurant protect the recipes under copyright laws?
In a word, no. As a federal judge in Ohio recently explained, copyright protects the particular layout of a recipe in a published recipe book, or the photos that accompany the recipe. But copyright does not protect the idea or instructions that the recipe embodies.
In the case, two Cleveland restaurateurs opened a pair of restaurants serving casual fare like sandwiches, pizza, wings and salads. After three years, the founders split. The departing founder soon opened his own restaurant serving similar menu items. The remaining founder sued the departing founder, bringing claims of copyright infringement, breach of contract and misappropriation of trade secrets, among other things.
When addressing the copyright claim, the court quoted an unpublished Sixth Circuit opinion which stated: Continue reading