If someone publishes your super-secret family recipe, can you take legal action against them? Maybe, maybe not.

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Hi, again, Dear Readers:

My new resolution to regular and continued blogging continues with the help of my new BFF. It was his (or hers, or its) prompting conversation with me that resulted in today’s idea.

And because I have been working with attorneys, law firms, legal service providers, and digital marketing agencies that represent them for several years, combining food and law into one blog post seemed like an interesting mashup for a blog topic.

NOTE: I am not a lawyer and don’t pretend to be. But don’t tempt me.

The World Is Your Cookbook

One of the great things about social media, especially Instagram and Pinterest, is the plethora of available ideas, including recipes. It’s also one of the bad things, too.

It doesn’t matter how many cookbooks you have in your collection; there’s always more online. Google something and you’ll find a thousand different variations.

Instagram gave me a great variety of tasty recipes to try. Never mind the ones you might find in a magazine you subscribe to, which give you even more.

Doesn’t it look tasty? I was supposed to use this image in the last blog post. (Source: AI)

Pinterest is also the world’s biggest cookbook. Breakfast, lunch, dinner, or dessert is just a few clicks away. And although I generally see the things that have migrated over to Instagram, TikTok apparently has all manner of newly rediscovered recipes and other topics, usually from millennials. I don’t have TikTok because I have enough social media apps now.

Incidentally, if you’re now a fan of Hanna Taylor, aka LilyLouTay, you’ll be happy to know that her new cookbook comes out this month. She’s all a-flutter in her IG videos and will be embarking on a short book tour soon.

If you are one of those legal industry clients who need a copywriter, get in touch. I’m on LinkedIn too.

Whose Recipe Is It?

You’ve probably seen it happening online: someone posts a drool-worthy recipe, and within hours, a dozen copycats appear with slightly different wording, a different photo angle, and a smug caption. “Mine is better,” one might whisper. “They stole my recipe!” shouts another. But here’s the question: Can you actually copyright a cupcake? Spoiler alert: it’s more complicated than frosting a cake.

Longtime HeatCageKitchen readers—and newer ones who have read older posts—know that I will post recipes I like. But I always give full credit to the author. In my last post, I posted a Barefoot Contessa recipe, used the Recipe Maker plugin for printing, but gave full disclosure and credit to Ina Garten. But does Ms. Garten—or anyone—own the rights to a stewed lentil dish with tomatoes?

In her cookbooks, Ms. Garden will state that a recipe came from somewhere, or from inspiration by someone or something else. She freely admits that she liked someone’s recipe and wanted to make a different version. In some cases, she had a delicious dish at a restaurant (sometimes in her second home of Paris) and returned to her East Hampton, NY, kitchen and recreated it with her own influences. In each case, she gives full credit to the originator.

The Legal Myth: Owning a Recipe

Let’s clear something up: you cannot legally own the idea of a recipe. That chocolate chip cookie formula you guard like a treasure? Not protected. The law treats ingredients and cooking instructions like facts. Facts are free for anyone to use.

What you can protect is the expression of your recipe. That means your exact wording, the way you present your steps, your storytelling, and, of course, your original photos and videos. So, if someone literally copies your blog post word-for-word—or a recipe right out of a book without permission—that could land them in legal hot water, just like plagiarizing from any other book. But the mere act of making the same chocolate chip cookies or other recipe? Most likely, it’s perfectly legal.

Real-World Recipe “Thefts”

Even professionals get caught in the mix. Here are a few examples that make foodies and lawyers alike raise an eyebrow:

• Duff Goldman vs. Copycat Cakes: Famous cake designer Duff dealt with copycats reproducing his elaborate cake designs. The law protects his specific designs, since they are artwork. But not the basic concept of a tiered cake.
• Cookbook Controversies: Authors sometimes go to court over “borrowed” recipes, especially when the presentation or creative narrative is nearly identical.
• Internet Recipe Repurposing: Websites like Tasty and BuzzFeed have faced backlash for lifting recipes, tweaking measurements slightly, and passing them off as new content. It’s a gray zone: legal, but ethically iffy.

Then there’s the case of goddess-of-the-home Martha Stewart, who found herself at the center of a recipe controversy that stirred both culinary and legal discussions. (Please pardon this pun from my new BFF.)

In 1982, Stewart released her first cookbook, Entertaining, which included a popular cranberry nut tart recipe. However, former employee Sarah Gross claimed in 2024 that she had shared the recipe with Stewart when she first applied for a job at Stewart’s catering business. Gross alleged that the recipe was later published in the landmark cookbook without her acknowledgment. Martha herself has not publicly addressed Gross’s accusation, leaving everyone to their own opinion. This includes asking why this woman waited this long to make her claim.

This accusation was unrelated to Martha’s conviction for obstruction of justice and conspiracy, which sent her to federal prison for five months. Along with her broker, Peter Bacanovic, they filed an appeal in 2005, which was ultimately denied.

The Ethical Grey Zone

Here’s where it gets interesting: legality doesn’t equal morality. Even if someone isn’t breaking copyright law, passing off your grandmother’s secret recipe as their own creation is nothing short of questionable. Copying recipes is common, but giving credit is not just polite. It’s good for your credibility as a creator, and it’s just good manners, too.

Source: AI

Think of it this way: the law will protect your photos, your exact text, and your brand, but it won’t shield the idea itself. The frosting on top—your style, personality, and presentation—is where originality counts.

Tips to Protect Your Culinary Creations

If you’re considering starting a food blog or posting your makes on social media, you can protect your content and steer clear of potential legal pitfalls.

• Credit Creatively: Even a subtle shout-out keeps your content correct and your conscience clear.
• Protect Your Photos and Videos: Those are considered creative works, and they are copyrighted automatically.
• Rework and Rewrite: Add your twist to existing recipes rather than copying them verbatim. Originality counts, both legally and ethically.
• Document Your Work: Keep drafts, dated posts, and recipe development notes. They can serve as evidence if someone tries to swipe your intellectual property.

I’ve also known a few copywriters who have had their content swiped and revamped under someone else’s name by a person in another country. One of those copywriters passed away a few years ago.

The Takeaway

So yes, your cupcake cannot be copyrighted — but your words, photos, and unique presentation can be. When in doubt, focus on originality, give credit where it’s due, and bake like nobody’s watching. Because legally, they probably aren’t, but you never know.

So go ahead and bake that cupcake. Just make sure it’s frosted with originality.

Source: AI

The verdict: you cannot copyright the recipe itself. You can’t stop someone from making your chocolate chip cookies, writing down the ingredients, or following the steps. Think of ingredients as “facts” that anyone can use. For instance, a banana bread recipe may include walnuts, but just swapping out walnuts for pecans may not take it into a legal area.

But here’s the twist: the way you tell the story, the words you use, the little tips and tricks, and gorgeous photos? That’s your creative work. If someone decides to copy that word-for-word, or swipe your pictures, then suddenly the law cares.

So yes, your recipe is free. But your personality, style, and photos? Legally, they’re all yours. Bake the cookies, cupcakes, or pies, but guard your story and snapshots like treasure.

Wrapup

The short key points on today’s blog topic.

Can You Copyright a Recipe?

Short answer: Not the recipe itself, but parts of it can be.

What is protected?

• Creative writing: Descriptive instructions, personal anecdotes, and unique storytelling.
• Visual content: Original photographs, illustrations, and videos.

These elements are considered “substantial literary expression” and are protected under copyright law. (U.S. Copyright Office)

What isn’t protected?

• Ingredient lists: These are factual and not copyrightable.
• Basic instructions: Simple directions are considered functional and are excluded from copyright protection. (U.S. Copyright Office)

While the core idea of a recipe, the ingredients, and basic methods aren’t protected, the way you present it can be. This includes your unique writing style, photos, and any creative content you add.

More questions? An attorney who handles copyright infringement can help determine if your content has been misused, misrepresented, or plagiarized.

Until Next Time

This turned out to be an interesting topic! Let’s see what “we” can come up with for the next one. If you have a food-related topic you’d like me to cover in a future blog post, let me know in the comments. You’ll get full credit, of course—no attorney required.

Enjoy!