Converted from paper version of the Broad Ripple Gazette (v04n02)
Recipes: Then & Now - Cherry Fudge Cups - by Douglas Carpenter
posted: Jan. 26, 2007
Cherry Fudge Cups
image courtesy of Douglas Carpenter
Here is a question you probably never thought to ask: how can one reprint recipes from a particular cookbook without infringing on someone's copyright? It has obviously been copyrighted at some point if it is in a cookbook, right? To reprint anything so protected requires permission from the owner of the copyright. I have yet to request permission to print any of the recipes I have shared with you from my collection of cookbooks. Well, not to worry my friends, I won't be getting hauled off for any copyright violations. I have done my research on the subject and it is really quite interesting.
A recipe is actually two parts, kind of like a list of the main characters and the story that it goes with. There is the list of ingredients and the text to describe how to proceed with those ingredients. Yes, the descriptive text can be copyrighted, but the mere list of ingredients can not. A list such as this can be patented, but not copyrighted. Any chemical compound, as any recipe is, can be patented. Certain processes, like the text of a recipe will describe can be patented too, but not many recipes have been. It is not worth the effort for just one recipe. However, a whole cookbook is worth the effort.
This being the case, I am free to copy the list of ingredients without stepping on anyone's toes. But the descriptive text is protected. That is why I always retell the story part of a recipe in my own words. Besides, sometimes a recipe will not be too clear about something and by testing the recipe I can explain things a bit better. At least I hope so.
This recipe for cherry fudge cups is a good example. It came to me on a preprinted 3x5 recipe card from a well known company. I have taken the necessary steps to make it my recipe. I changed the name a bit, rearranged the ingredients and reworded the text completely. I also altered the amount of an ingredient or two.
Ingredients
For the Pastry:
¼ cup cocoa powder
¾ cup all-purpose flour
3 ounces cream cheese, softened
1/3 cup butter, softened
1/3 cup sugar
For the Filling:
¼ cup butter, melted
1 egg, beaten
1/3 cup cocoa powder
½ cup sugar
1 teaspoon vanilla extract
1 tablespoon juice from maraschino cherries
12 maraschino cherries cut in half
Instructions
In a small bowl sift together the cocoa and flour and set aside. In another small bowl, cream the butter, cream cheese, and sugar until fluffy. Add the cocoa mixture and mix until combined. Set the bowl of dough in the freezer for ten minutes as the dough can be sticky and the chilling time helps. Heat the oven to 325 degrees. Spray two 12-cup mini-muffin pans with non-stick cooking spray. Divide the dough into 24 pieces and press each piece into the bottom and up the sides of the muffin tin about 2/3 of the way. Blend the melted butter, egg, cocoa, sugar, vanilla, and cherry juice and mix well. Place a well drained cherry half, cut side up, into each muffin cup. Spoon about 1 teaspoon filling into each cup. Bake cups for 18 to 20 minutes or until the filling is set. Cool for 10 minutes in the pans then remove from pans and cool completely on a wire rack. Makes 24.
image courtesy of Douglas Carpenter
image courtesy of Douglas Carpenter
Douglas Carpenter is an avid recipe and cookbook collector. He has over 400 cookbooks in his library and he has published two cookbooks of locally-collected recipes. He has won sweepstakes and blue ribbons in the Culinary Arts division of the Indiana State Fair. Email your cooking questions to
douglas@BroadRippleGazette.com
douglas@broadripplegazette.com