This is the first in a continuing series of posts about how to keep it legal while blogging.

When someone copies a recipe word for word and fails to provide credit for the source it is pretty easy to accuse them of not providing the proper attribution. The line becomes blurred with a tweak here and there. When does a recipe become your own? What is the proper way to credit a source?

Well, let me see if I can help you figure it out.

From a legal standpoint, the expression or language of a recipe is what is copyrighted, not the ingredients or method.

From a blogger standpoint, it is generally appropriate to acknowledge the source of your adaptation or inspiration whether it is protected by copyright law or not. To be honest, I’m not sure that I have complied to date with what I have set forth below. When I started out I had no idea how I should credit a recipe. Now that I know, my intention is to comply from here on out.

Let’s start with the basics. A copyright protects “original works of authorship.” A “work of authorship” includes literary, written, dramatic, artistic, musical and certain other types of works. Copyrights are different from patents, which protect inventions. Copyrights are different from trademarks, which identify the source of goods and services, i.e logos and brand names.

The U. S. Copyright Office states the following:

Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.

Only original works of authorship are protected by copyright. “Original” means that an author produced a work by his or her own intellectual effort instead of copying it from an existing work.

In general, the copyright belongs to the creator of the work. If the work is a joint work, then the law assumes that each creator owns an equal share in the copyright unless there is a signed, written agreement that states otherwise. A copyright owner has the right to produce the copyrighted work in copies. A copyright owner can also license the use of the copyright in his or her works. Basically, the copyright owner retains ownership but lets someone else use the works.

Registration of the copyright is not required for protection. The copyright exists as soon as the work is created; however, you must register your copyright in order to sue someone for copyright infringement.

Is your head spinning yet? Have your eyes glazed over? Take a deep breath and keep reading. Here is how I interpret what is detailed above.

There are basically three different ways to note the source of a recipe which are as follows:

1.) “Adapted from” – where you are only making a few changes to the recipe. The recipe is recognizable as having been created by the copyright holder.

2.) “Inspired by” – where you make more than a few changes and the recipe becomes unrecognizable but you used their recipe in the creative process.

3.) Your own creation – no citation needed.

Play it safe. Just because it is not illegal doesn’t mean it is okay. If you want to establish respect among your peers provide credit where credit is due. As David Lebovitz pointed out in his extensive post about this issue, “When in doubt, always give attribution.” Cite your source and link back to the original work.

Let me know what you think about my interpretation. Do you feel bloggers should do more to give proper attribution or do you feel bloggers are too sensitive about how recipes are attributed?

Related Links:

Recipe Attribution: (Food Blog Alliance)

Adjusting a Recipe Doesn’t Make it Yours: (Will Write for Food)

Know Your Digital Rights – Recipe Copyright: (Saving for Someday)

Disclosure: While I am a lawyer, I am not offering legal advice. Posts on legal matters are intended to provide legal information and do not create an attorney/client relationship.

On Sunday, I headed out bright and early to make the drive to Washington, D.C. With only a few hours of sleep following my office holiday party, I was running on pure adrenaline and lots of coffee. What would make me drive to Washington, D.C. on a Sunday morning? The one and only Gail Dosik a/k/a One Tough Cookie.

Gail showing the class some of the cookies she has decorated

Gail announced several months ago that she was going to teach a couple cookie decorating classes in December and I signed up immediately. The promise of learning the craft from Gail was impossible to resist.

The class took place at the home of Cathy a/k/a Mrs. Wheelbarrow. This was my first time meeting Cathy who is just as lovely in person. If you are one of her readers you will also realize how lucky I was for the chance to meet Louie too. He was really excited to see everyone.

Even though I was a wee bit hungover I did my best to hold my hand steady. The other attendees did a much better job at steadying their hand than I did. Take a peek at some of the other cookies in the next picture. Our class was focused. I was really impressed by how inspired everyone was by Gail’s guidance and encouragement.

I would love to share better pictures of the cookies with you but they didn’t exactly last long enough for a real photo session. Did I mention my long drive home? Well, I think you can figure out how I kept myself occupied on my ride home. Can anyway say sugar rush?

If you are ever lucky enough to get the chance to take a class with Gail I would highly recommend that you do it. She definitely knows her craft.

Follow Gail on Twitter here

Follow Gail on Facebook here

Reading food labels is imperative for me. Due to my intolerance to wheat and eggs I need to know exactly what is in everything I eat. Sometimes I scan the label quickly in order to determine if I can eat it. At other times I find myself trying to make sense of some of the strange ingredients. I’m constantly reminded of one of Michael Pollan’s suggestions when it comes to nutrition: “avoid food products containing ingredients that are a.) unfamiliar b.) unpronounceable c.) more than five in number – or that contain high fructose corn syrup. All those signs point to food that’s been processed. More process = less nutrients and vitamins, never mind the environmental costs of producing the food.”

I have to admit that I never really feel healthy or full of energy. I know this is due in part to the things I put in my body. I feel like I’m a smart shopper when it comes to the foods I purchase. I try not to buy processed foods or foods that contain a lot of unfamiliar ingredients. I decided to “rate” my compliance with Michael Pollan’s rule of thumb by taking some items in my kitchen that I eat everyday and seeing exactly what I’m consuming. This is not an effort on my part to call out manufacturers. I’m simply doing a reality check on what I have decided to purchase and how I may want to change my eating habits.

Breakfast: Instant oatmeal with unsweetened applesauce, flaxseed, cinnamon and a sprinkle of artifical sweetener. The oatmeal I purchase contains a multitude of ingredients. Unfortunately, there are way more than five so I’ll list the first few to get started. First ingredient listed: whole grain rolled oats (good start), followed by calcium carbonate (caclium fortified? okay), sugar (uh oh), salt (really?), dextrose (oy) and a bunch of other things I cannot pronounce let alone know what they are. Wow, major foul on the very first thing I put into my body. I thought I was making the right choice by buying plain oatmeal. By the way, the artificial sweetener I was using has already been thrown in the trash. I knew that there were health risks associated with artificial sweeteners but I had no idea how many side effects the particular one I was using could produce.

Snack: An apple with either a couple slices of cheese or a handful of peanuts. The apple is organic so I feel somewhat safe there. The cheese is …wait for it…sliced deli cheese. I know. I know! Sliced deli cheese? Really? It’s convenient sooooo that’s my excuse. A quick search of the ingredients were somewhat surprising because it wasn’t a long list of things I could not pronounce. Is it processed? Yes. Do I need to switch it out for something else? Yes, but I’m somewhat relieved it wasn’t as processed as I thought it was.

Lunch: Leftovers with a piece of fruit. I usually have whatever we had for dinner the night before so this is not something I’m too worried about. Let’s move on.

Snack: Here’s where my day tends to fall apart. It’s the end of the work day and I’m beat. I want a treat. I usually have a piece of fruit with natural peanut butter. Sounds good right? Well, once I get ready to make dinner I then find myself sneaking a few chips. I usually have whole grain tortilla chips but there are occasions where I want something loaded with barbecue sauce or sour cream. Again, that’s where I get into trouble. A quick look at a bag of chips in my pantry revealed ingredients like sodium caseinate, disodium inosinate and disodium guanylate. In other words, huh?

Dinner: I have a menu plan that I have put into the rotation. I put a lot of effort into creating the menu like the pistachio crusted salmon (pictured right). I’m pretty psyched that I have followed my plan. It’s full of unprocessed protein and veggies so no real worries there.

Miscellaneous:

Diet soda: I LOVE diet soda. I am the person that orders a disgusting meal and then pairs it with a diet soda. I’m not trying to balance the scale. I really like diet soda. The regular stuff is too sweet. I know I have to give this up too but I don’t want to. Wah!

Candy: A quick perusal of our leftover Halloween candy revealed multiple violations including corn syrup, food coloring and artificial flavors. We usually don’t have candy in the house so I’m not too concerned about candy.

Coffee: My coffee is simply ground coffee. We are good there. Sweetener has been tossed in the trash. Now to the scary part of analyzing my favorite liquid creamer. I adore it. First ingredient listed: water (good start), followed by sugar (guessed that) and then a myriad of artificial flavors and ingredients that make my head spin. I don’t think I can adequately express to you how devastated I’ll be to give this up. Milk or half & half never really cut it for me.

Outcome: I knew there were hidden dangers lurking in our pantry. I know that I need to make changes to what I put into my body. What will be my biggest challenge? It will be incredibly hard to give up my liquid creamer. I drink an insane amount of coffee. I know I should cut down on that too but that is just too much to ask. For now, I’ll throw some milk in there and try and make do. Try is the operative word here people. I will try. I started using sugar instead of artificial sweetener but giving up the liquid creamer is going to be tough. I’ll have to play around with some natural sweeteners/flavors to make the adjustment a little easier.

CHALLENGE: I challenge you to take on my experiment and see what’s lurking in your pantry. If you do stop back and let me know what you find.

***Just for fun, what is your one down and dirty, this is so not healthy but I love it snack?

Approximately four years ago Barb found Roni’s recipe for Red Rice with Beans and Sausage but needed to make a few changes for her picky eaters. Roni was kind enough to respond to my cousin’s countless questions about substitutions and preparation. The recipe, it turns out, was a hit but what captured my attention even more was the kind words my cousin had for Roni. Barb was nervous about what to feed her family. Roni gave her the support she needed to feel comfortable in the kitchen.

Shortly after I started my blog I began to follow Roni on Twitter and on Green Lite Bites. I love that she is so open about her struggles with the daily grind and how to find balance in her life. I have, on more than one occasion, tweeted that I was trying to channel my “inner Roni” to get motivated. She’s an inspiration.

If you pop over to Green Lite Bites or one of her other sites, you’ll likely find some of the cutest family photos around. Roni is the proud mama of two adorable sons. She routinely posts photos like the recent one below. Cuteness overload!

Little Guy and Little Bean

I want you to discover all of the amazing recipes that Roni created. I am so excited to host a giveaway for Roni’s book called GreenLiteBites: Favorites From the First 3 Years. It’s a full color, photograph rich cookbook containing 80 pages of recipes and ideas for lighter, healthier meals from Green Lite Bites. From breakfast to dinner, sides to sweets, Green Lite Bites has a little bit of everything to inspire the hesitant home cook. The ideas are simple and use every day ingredients and techniques.

Recipes in her book include Spinach Egg Muffins (pictured above) and Sausage and Pepper Skewers (pictured below).

I’m giving away three copies. Two copies are courtesy of Roni. Thanks Roni!!!

Entry rules:

• Post a comment below and tell me why you would like to win the Green Lite Bites cookbook.
• For an additional entry follow me on Twitter HERE then post the giveaway on your Twitter page. Ex: @laphemmephoodie is giving away @RoniNoone’s Green Lite Bites Cookbook. Check it out HERE. (Leave a separate comment for this.)
• For an additional entry become a fan of La Phemme Phoodie on Facebook HERE.  (Leave a separate comment for this.)
• Links and pingbacks while appreciated, don’t count.
• Sorry folks, open to US residents only.
• You must leave a valid email address (it will not be made public) so that I can contact you if you are a winner.
• Deadline for entries is Monday, November 7, 2011, 11:59 pm EST. Don’t panic if your comment doesn’t show immediately – if it goes to moderation (because, for example, you’re new here), I will approve it and post it but please keep all comments family friendly.
• I will pick a winner through random.org and announce the winner on Tuesday, November 8, 2011. Good luck!

***Giveaway has ended. Congrats to the winners!!!

10.) Your food goes cold while you get the “perfect” photo.

9.) When someone tells you the dish you made was good, you then pepper them with 20 questions about what they mean by good.

8.) Your wish list is full of kitchen gadgets.

7.) After taking a pretty good photo of your dish you then take 574 more just in case.

6.) You know all the major food holidays better than your friends’ birthdays.

5.) Buying cookbooks has made such a dent in your bank account that your family is considering an intervention.

4.) You plan your vacations around the food in that location.

3.) Friends and family roll their eyes when you take out your camera at the table.

2.) It would take 365 years to make all the recipes you have saved.

1.) You embrace the word foodie with wild abandon.

Photo by John Cruice

Photo by John Cruice

Photo by John Cruice

Photo by John Cruice

Photo by John Cruice

Photo by John Cruice

It was an invitation I could not pass up. Robin, of South Jersey Locavore and Mother Nature Network, invited me, Allie of All I Eat Food and Lisa of Jersey Girl Cooks on a playdate to visit a local farm. Girls day out? I’m in!

We made a trip to Cherry Grove Farm located in Lawrenceville, New Jersey. It was HOT out. One of those over 90 degrees but has a heat index of a bazillion degrees days. Thankfully, we found shade where needed and made the most of our visit.

Stacy of Cherry Grove Farm was kind enough to give us a tour of the farm. As you can see the animals were taking it easy in the heat. We saw a lot of goats…

some pigs…

a newborn calf…

and some more cows. One of the ladies pictured below was on the mend from a broken hip. Stacy informed us that the farm does not use any steroids, antibiotics or growth hormones which meant that her hip had to mend naturally. She was separated from the other cows to ensure she would rest. The other lovely lady in this pic had recently given birth and was resting with her calf.

After we took a tour of the farm we headed into the store to cool off and shop. I bought a lot of cheese. Walking into the store was akin to being in a casino and hearing the sounds of the machines and getting that adrenaline rush to play. Cha-ching! There was cheese everywhere. It was glorious.

We were fortunate enough to arrive when they were making the nettle cheese. We were able to observe the process from an observation window inside the store.

The lovely folks at Cherry Grove Farm were kind enough to give us samples to munch on while we were there. We tasted their Havilah and Full Nettle Jack. Both were scrumptious.

They carry a lot of other products in the store including wine, jams, jellies, sauces and more.

They are also fully stocked on grassfed beef and lamb and whey fed pork.

After doing some serious damage at the cash register we headed off to lunch at a local restaurant but not before taking a picture of my three lovely cohorts.

Lisa, Allie and Robin. (Photo Courtesy of All I Eat Food)

I still have a lot of cheese to experiment with. I’ll post a recipe soon. In the meantime, check out Allie’s recipe for Ravioli with Goat Cheese. Looks incredible!

My alarm is set but I’m not sure I’ll be able to sleep. Can’t wait to see what Kate will be wearing! I’ll be hosting a tea party for one while watching all the festivities surrounding the royal wedding. It will be early here on the East Coast so I’ve decided to celebrate with a little tea, maybe some scones and definitely some treats. I was looking through my pictures of an afternoon tea at the Four Seasons Hotel and stumbled upon a picture of their dessert tray and this lovely little floral arrangement.

I think I need to pick up some fresh flowers, throw together a light menu, pull out my best pajamas and count down to the wedding of the century. Who else will be watching? Are you as excited as I am?

Months have gone by since I last attended a Zumba class. Today was my first day back and I’m riding high people. It’s that natural high that I only get when I do Zumba. I’ve taken many other classes and done lots of other types of exercise but Zumba is the one thing that always makes me feel incredible.

As some of you may know, I became a Certified Zumba Instructor in May of last year. I was beyond thrilled about becoming certified. I intended to embark on a new adventure where I would start to teach a class at least once a week. Did it happen? Nope. Can I explain why? Yep. It’s the story of my life when it comes to my fitness regime. I discover something I like. I go full force into it and then eventually find an excuse not to do it. The spread pictured above is all of the training materials I’ve received since I got certified. Haven’t looked at them once.

At this age I have more excuses than ever. The house needs to be cleaned. I need to make dinner. I need to go grocery shopping so I can make dinner. I need to test a couple recipes for a blog post. I should read the book I just picked up. I should pay the bills. You get the picture.

Today I put everything on my to do list on hold and made going to the gym my ONLY priority. Is the house clean? Ummmm depends on what your definition of clean is. I’ll still come up with something for dinner and maybe squeeze in a late night grocery shopping trip. Will I be stressed about it? Probably, but I’ll move throughout the rest of my day with an elated feeling that stays with me for hours after I take a Zumba class. It truly is better than any other form of exercise I’ve done in the past. I smile when I leave. I love the music. I love my instructors. I love the people in the class. Lots of smiles from everyone because it is so much fun.

Now I’m not going to swear that my life has changed and I’ll be teaching any day now because that’s frankly not going to happen. I’m committed to gradually incorporating Zumba back into my life. My goal is to go once a week. I’ll still go to the gym to hit the treadmill or take other classes but right now I need to make a realistic goal of rediscovering my love of Zumba. I’ll keep you posted on my progress.