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Competition T & C's - A little clarification

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    RachelMB
    RachelMB  842 forum posts England10 Constructive Critique Points
    26 Jan 2013 - 8:38 PM

    Hi all,

    I'm hoping someone will be able to help me - there's a competition being run online by a reputable cupcake company to win a Kitchenaid Mixer, a day's cupcake cooking course thingy and your cupcake flavour sold in their shop for two months. I would just love that mixer. It's red and everything.

    HOWEVER, in the T's & C's it says:


    Quote: All recipes entered belong exclusively to The Hummingbird Bakery. Entrants waive their right to claim ownership of, reproduce, share, sell or profiteer in any way from the recipes they submit. Winning recipes will be credited to their creators.

    What does that even mean?! Does that mean I'd never be allowed to use the recipe ever again (so when my highly successful cake business gets famous I wouldn't be allowed to use the recipe...just an example) because that just seems really mean. It's put me off entering, but I'm wondering if I got the wrong end of the stick? I'm wondering if it just means you couldn't sue the bakery if they use your flavour...

    Thanks in advance for any help Smile

    Last Modified By RachelMB at 26 Jan 2013 - 8:39 PM
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    26 Jan 2013 - 8:38 PM

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    pulsar69
    pulsar69  101611 forum posts United Kingdom6 Constructive Critique Points
    26 Jan 2013 - 8:48 PM

    From what I am reading there you are giving them the recipe and the rights to it so it would no longer be yours. If you feel that is fair then enter , don't forget you lose the rights to your recipe simply by submitting them according to that even if you dont win. I would personally steer well clear of competitions set up to farm free things of unsuspecting members of the public , but then that's me.

    RachelMB
    RachelMB  842 forum posts England10 Constructive Critique Points
    26 Jan 2013 - 8:51 PM

    That's what it sounded like to me - I wouldn't mind if it was just covering them legally for the two months, but to claim your recipe for commercial purposes (why else would they need it?) just for entering seems really tight.

    mikehit
    mikehit  46104 forum posts United Kingdom9 Constructive Critique Points
    26 Jan 2013 - 9:11 PM

    I read that as you can use the recipe, just that you cannot claim royalties from them if they make the cake commercially.

    I think in practice it would be damned difficult to claim copyright (or whatever it is for a recipe) in the same way it is very difficult to claim copy right of a photograph or the ideas behind a painting: otherwise Jamie Oliver could be in real trouble with Gennaro and River Cafe for using their ideas in his cooking. And they are putting this clause in simply to avoid any vexatious litigation: in other words you are losing nothing.

    adrian_w
    adrian_w e2 Member 63272 forum postsadrian_w vcard Scotland4 Constructive Critique Points
    27 Jan 2013 - 11:03 AM

    [quote] Entrants waive their right to claim ownership of, reproduce, share, sell or profiteer in any way from the recipes they submit.[quote]
    To me that reads that you can't use the recipe ever again in your business.

    Last Modified By adrian_w at 27 Jan 2013 - 11:03 AM
    RachelMB
    RachelMB  842 forum posts England10 Constructive Critique Points
    27 Jan 2013 - 4:11 PM

    Well that's disappointing. But oh well, at least I've had fun trying out my flavour ideas! Lol! I'll just have to save up for a fancy mixer Wink

    Thanks for the help.

    (If anyone else has any ideas on what this means please let me know! The closing date isn't until the 13th)

    mikehit
    mikehit  46104 forum posts United Kingdom9 Constructive Critique Points
    28 Jan 2013 - 3:06 PM

    I googled 'can you copyright a recipe' and it seems the answer is 'no'


    Quote: But can you copyright a recipe? Could Heston Blumenthal register his roast spiced cod with castelluccio lentils? Or St John's Fergus Henderson his roast bone marrow with parsley salad? No, says Alex Papakyriacou, of intellectual property law firm Briffa. "Case law suggests that reproducing a written recipe in the preparation of a dish is not copyright infringement. The same goes for recipes that have been communicated aurally or by a chef deciphering the ingredients and method involved in the preparation of a recipe by sampling a dish prepared to it."

    Nor is it possible to patent a recipe, either in the UK or US, because the organic development of food will never constitute an "inventive step". In short: you will never know definitively where your pizza or prawn noodle originated.

    http://www.guardian.co.uk/lifeandstyle/2006/mar/24/foodanddrink.uk



    Quote: If a person follows the recipe and produces the final product this cannot amount to an infringement of copyright because the cake itself is not objectively similar to the literary work: Products Ltd v Frank Michael Winston.

    http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/20-APR-(2)-recipes.htm


    So I would say enter the competition and let them take you to court. I still think that their T&Cs are a way to avoid someone taking out a court case on the offchance of a payday.

    Last Modified By mikehit at 28 Jan 2013 - 3:10 PM
    RachelMB
    RachelMB  842 forum posts England10 Constructive Critique Points
    28 Jan 2013 - 8:37 PM

    Oh, thanks! That's really informative. My cupcakes looked rubbish (miscalculation on the baking powder and I'm sooo bad at buttercream consistency for piping) but I might have a second go before the closing date and see what happens.

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