© 2009 Clove Garden
Disclaimer: I am not a lawyer, do not play one on TV, nor
pretend to be one on dates. Nothing here is to be, nor can be, considered
legal advice. Anything I state here is derived from publicly available
sources, including the U.S. Copyright
Office. For a definitive reading consult a copyright attorney.
All creative works are automatically copyrighted, and the copyright
is automatically assigned to the creator(s), unless that copyright has been
specifically assigned in writing to another entity. In the United States this
was established in a case regarding sculpture, but the courts have held it
applies to all forms of creative work. This automatic copyright is recognized
by all signators of the Berne Convention (nearly the entire world).
Within the United States, registration of a copyright, or even use of the
© symbol or a copyright notice is not required for copyright protection.
Within other Berne signators registration is not required, but some 20
countries do require a copyright notice. In the US, registration enables you
to recover a statutory $150,000 per violation, while unregistered works
can only recover actual damages.
The exception to the above is a "Work for Hire", where the work was created
by a person or persons specifically hired to do that work, whether by hourly
wages, salary or consulting fees. In such cases the copyright belongs to the
entity that paid for it. For a work created outside such an arrangement, if
sold, the copyright does not pass with the work unless so stated in writing
by the original copyright holder.
The fact that something has been published on the Internet does
not in any way relieve the requirements of copyright law. Internet
publication does not in any way imply "public domain" as some have claimed.
If you violate copyright you will likely receive a "cease and desist" letter,
and if you ignore that you may find yourself defending a lawsuit involving
monetary penalties. You aren't likely to win, and in the United States, due
to work by the music and motion picture people, as well as copyright holders
like Getty Images, the penalties can be rather severe.
On the Internet, you may, in addition, be viciously attacked in blogs and
in other forums and publications, leaving your reputation in tatters and
you shunned by all.
Recipes are a special case that has been defined by the courts
and the copyright office. This recognizes the fact that all recipes are
based on prior art and simple lists of things aren't copyrightable.
More at Copyright.
- The list of ingredients cannot be copyrighted. Original descriptions and
instructions on what to do with the ingredients that accompany the list
most certainly are.
- Translation of units of measure or translation into a different
language does not relieve this protection.
- Substantial or significant changes in ingredients or quantities and
original writing of descriptions, procedures or methods make it a new
recipe not subject to the copyright conditions of the recipe it is based
on. It does, however, now carry it's own copyright conditions.
- All recipes on this site have been redeveloped with copious changes
in ingredients, quantities, methods and descriptions - nothing is copied.
Most of our recipes have a bibliography reference to the source at the
bottom. We do not more directly credit them because the source may not
agree with the changes we have made.
At the time of this writing the www.clovegarden.com site is under development
and is expected to eventually become a commercial site. A wide variety of
educational material is presented here that may be linked to without charge.
When the site becomes commercial, this free content will remain accessible
under the same terms. Terms of usage are as stated below for Text and Images.
Many pages and materials on this site say "Linking to and non-commercial
use of this page permitted". In other words, anyone can link to these page
for any purpose, commercial or non-commercial.
Anyone can use the material for personal, non-commercial purpose. This
section defines commercial usage.
- Commercial usage is by any entity that sells products, displays or
publishes paid advertising or charges for access to any part of its content,
facilities, products or services, whether on the Internet, in a physical
facility or in any other way. This includes any site that effectively
fronts for a commercial site or entity.
- Linking to pages on this site from commercial sites is permitted unless
the page specifically says otherwise (at this writing none do), provided no
attempt is made to disguise the source or give the impression it is part of
the linking site or that the linking site and CloveGarden are in any way
associated. Frames are to be avoided.
- All text on this site is copyright Andrew Grygus dba CloveGarden unless
specifically stated otherwise within or adjacent to the text, or which
clearly belongs to some other entity. In general, there is a copyright
notice at the bottom of each page.
- Text may be freely linked to from other sites provided it is properly
attributed to clovegarden.com and no attempt is made to conceal its
true attribution (frames, etc.).
- Text may be copied without permission only to the extent of "Fair Use"
as defined by U.S. copyright laws and judicial decisions.
- For inclusion in electronic or print media beyond the "Fair Use" limits
requires permission and may be subject to attribution, conditions and/or
monetary costs at CloveGarden's sole discretion.
- Minor editing or translation into another language does not relieve the
conditions of copyright.
- All photographs, drawings and other images on the CloveGarden site are
copyrighted by someone unless specifically stated as contributed to the
"Public Domain" or "Copyright Expired". Specific
copyrights are listed below.
- All images listed as ©
cg1 are licensed in
Creative Commons Attribution Share-Alike v3.0 Unported. Attribution
to www.clovegarden.com is required, notification of such use is appreciated.
Note: Most of the images on this site are rather small.
In most cases larger versions are available on request. There may, or may
not, be a small charge for preparation and delivery, at our discretion.
- Any images listed as ©
cg2 will be licensed only by request under
terms of agreement. At this time there are no such images on the site.
- Clove Garden applies reasonable effort to comply with all copyright
conditions. In a very few cases photographs may be used without permission
for some reason (usually difficulty contacting the source of the image) but
generally will include attribution and the phrase "Permission Requested".
If any are yours, please contact us to either give permission or with any
objections you may have.
- In some cases we have "borrowed" product images from a commercial site
without permission, as we cannot determine whether the copyright belongs
to the site or to the product manufacturer. In such cases we always provide
a link to the source site, presuming this advertising is sufficient reward
for use of the image. Any objections will be respected.
- Please inquire about Any images without a
copyright notice. If they are copyrighted by Andrew Grygus dba CloveGarden
they will probably be licensed according to "cg1", or contact information
for the actual copyright holder will be provided.
- An Image Copyrights page is available to
define photos that are not © cg1 or cg2 and don't have
copyright information with them on the page. Many of these will have been
purchased from iStockPhoto, BigStockPhoto or another stock photo entity.
Not all are posted there yet, but eventually will be.