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Whose Dish Is It Anyway?: Copyrightability of Cookbooks, Recipes, and Your Nonna’s Secret Marinara

When: April 7, 2022 at 1:00pm - 2:00pm EDT - This event has passed
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ABOUT THE PROGRAM:  

Have you ever wondered that while recipes aren’t copyrightable, cookbooks still proliferate? Have you ever asked why you have to read through three pages of narrative to get to that recipe you want on Epicurious? Do you find yourself telling aspiring chefs that they must navigate carefully in the murky waters of culinary arts? 
 
This panel will explore the copyrightability of cookbooks, recipes, chef’s “signature” dishes, and all things culinary. Maria Zizka, a respected and well-established San Francisco-based chef, will share her strategies for publishing (copyrightable) cookbooks. Lynn Oberlander, an expert attorney in the field, will discuss her approaches to thinking about, and practicing in, culinary copyright and IP. Jalyce Mangum, from the US Copyright Office, will illuminate how cookbooks and other food-related writings and resources are viewed from the perspective of a former copyright examiner. We will touch on copyright practices for attorneys in this space; whether or not trade secrets play a role in cookbooks and recipes; and what legal strategies are available for maximizing the returns on recipes, recipe books, and that “secret sauce” you’ve always wanted to bring to market!


SPEAKERS:
  

Maria Zizka is a cookbook author and recipe developer who was named by Forbes as one of the most influential people under 30 in the world of food and drink. She has coauthored numerous award-winning cookbooks, including Tartine All Day, Everything I Want to Eat, and This Is Camino. Her first solo cookbook, The Newlywed Table, was published in 2019 and her two newest books, Boards, Platters, Plates and One-Bowl Meals are available now. Zizka lives and cooks in the San Francisco Bay Area with her husband and son. Find her on Instagram at @mariazizka.

 

 

Lynn Oberlander is a leading media attorney and advocate for journalists, now in private practice after a long career as in-house counsel. She is currently Of Counsel with the law firm of Ballard Spahr LLP. She was a Senior Vice President and Associate General Counsel, Media, for Univision Communications Inc., from 2018 through 2020, while also serving as Executive Vice President and General Counsel at Univision’s subsidiary, Gizmodo Media Group (GMG), from March of 2017 through July 2019. At GMG, she oversaw the legal operations of one of the nation’s largest digital news companies, including the websites Gizmodo, Jalopnik, Deadspin, The Root, and Splinter. From 2014 through March 2017, she was the General Counsel, Media Operations for First Look Media Works, the publisher of national security website The Intercept and documentary film project, Field of Vision. She founded and led the company’s Press Freedom Defense Fund, which provides funding for cases in support of the First Amendment and other press freedoms. From 2006 until 2014, she was the General Counsel of The New Yorker, where she also wrote for newyorker.com on media law topics. Earlier in her career, she spent 5 years each at Forbes and NBC. She is a frequent speaker on freedom of expression and media law topics, and on June 30, 2021 gave testimony before the House Judiciary Committee on “Secrecy Orders and Prosecuting Leaks: Potential Legislative Responses to Deter Prosecutorial Abuse of Power”. Lynn is a graduate of Yale and Columbia Law School. She teaches graduate courses in Media Law and Media Ethics at The New School in New York. She is the former chair of the board of directors of the Media Law Resource Center and of the Communications and Media Law Committee of the New York State Bar Association. She also a trustee of the New Jewish Home, a nursing home and elder care system in New York.

  

Jalyce E. Mangum is an Attorney-Advisor in the U.S. Copyright Office’s Office of the General Counsel (“OGC”). She works on a variety of matters, including regulatory proceedings, administrative appeals, policy reports, and advising the Department of Justice on litigation matters. Jalyce joined the Copyright Office in 2016 as a copyright examiner in the Literary Division of the Office of Registration Policy and Practice and advanced in 2018 to attorney-advisor in OGC. Before joining the Office, she worked as an advertising and trademark associate in private practice in Washington, DC. She earned her JD from William & Mary School of Law, where she was an executive board member on the William & Mary Bill of Rights Journal. She received her BS from Virginia Commonwealth University.

 

Dr. Bhamati Viswanathan (Moderator) is an independent legal scholar and an Affiliate Faculty in the Business of Creative Enterprise program at Emerson College. She was awarded an S.J.D. and an LL.M. by the University of Pennsylvania Law School. She holds a J.D. from the University of Michigan Law School and a B.A., cum laude, from Williams College. She is the author of Cultivating Copyright: How Creative Industries Can Harness Intellectual Property to Survive the Digital Age (Routledge/Taylor & Francis Press: July 2019). Bhamati is passionate about educating creators and creative industry participants about the value and usefulness of copyright, and she is particularly committed to helping empower artists of color in the U.S. and the developing world. Bhamati is a Trustee of the Copyright Society. She is also a Trustee of the Williams Asian and Asian American Alumni Network. She resides in Boston.

 

CLE CREDIT:

The Copyright Society is an Accredited Continuing Legal Education Provider in Pennsylvania, New York and California. Additionally credit will be offered for the below New England states. Instructions for verifying attendance will be emailed to registrants prior to the program.

California: 1.0 participatory credit

New York: 1.0 Areas of Professional Practice / This intermediate program is transitional and appropriate for both newly admitted and experienced attorneys.

Pennsylvania: 1.0 general credit

Connecticut: 1.0 general credit

Massachusetts: Does not have mandatory CLE, but MA attorneys may request a certificate of attendance for their records.

New Hampshire: NH attorneys must self determine whether an MCLE program is eligible for credit and self report attendance. We believe this live webcast meets the course requirements of NH Supreme Court Rule 53 and may qualify for 60 minutes general NHMCLE credit.

 

COST:

Members: $55

Non-Members: $95
Student Members: Free

Not a member? Consider joining today to receive a discount to this event and more!  Membership Info

Cancellation Policy

Refunds must be requested in writing at least three business days before the event. Refunds will not be issued after that point. Unfortunately we will not be able to credit your registration payment toward a future event, but you may allow another person to attend in your place. Please email bcohen@csusa.org and let us know that person’s name, affiliation, city and state, and email address.


Financial Aid

The Copyright Society is dedicated to making its programming accessible by providing a limited number of scholarships each year to students, law clerks, unemployed attorneys, and nonprofit and government employees. For information on how to apply, please click here.

CLE Credit Details

The Copyright Society is an Accredited Continuing Legal Education Provider in Pennsylvania, New York and California. Additionally credit will be offered for the below New England states. Instructions for verifying attendance will be emailed to registrants prior to the program. California: 1.0 participatory credit New York: 1.0 Areas of Professional Practice / This intermediate program is transitional and appropriate for both newly admitted and experienced attorneys. Pennsylvania: 1.0 general credit Connecticut: 1.0 general credit Massachusetts: Does not have mandatory CLE, but MA attorneys may request a certificate of attendance for their records. New Hampshire: NH attorneys must self determine whether an MCLE program is eligible for credit and self report attendance. We believe this live webcast meets the course requirements of NH Supreme Court Rule 53 and may qualify for 60 minutes general NHMCLE credit.