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Recipes "copyright"


#1

Hi everybody !
I’m the creator/owner of http://e-liquid-recipes.com/recipe/1415693/Goofy’s%20Juice.
I just realized that some e-shops sell e-liquids with this specific recipe (same name/same ingredients and percents) without my agreement/permission.



https://www.cloudwellvapejuice.com/product-page/goofy-s-juice



http://cloudfall.com.ua/zhidkosti/zhidkost-cloudfall-orehovyy-tabak-goofys-juice.html

I’d like to ask :

  1. Is it legal ?
  2. Does ELR (or ATF) giving us any “copyright” protection ?
  3. Is there anything I can do ?

TIA
Stafylidis Vladimiros


#2

AFAIK it is legal.

I think not.

The only thing you can do is keep them private, other than that I suppose nothing. Once you put it up as public it apparently is fair game. :pensive:
You could contact the seller but that usually doesn’t help.

@Ken_O_Where, @Alisa and a few others have found their recipes sold as one-shots.
You could ask Wayne Walker from DIYORDIE what he’s done about it. He’s got his own website and his recipes are being sold by some juice companies.
Maybe he’s got a solution. I haven’t come across one on this website.


#3


Also both from ELR.


#4

Thank you very much Josephine.
Of course I could keep them private but then we will be missing the “sharing” part with DIY community. I don’t have a problem with the public sharing but I believe stealing someones work and make profit of it , is something that nobody can’t accept it.

ATF in the “Licence” part of the recipe, mention that :

“License
If you share a recipe on All The Flavors, you should specify how you will allow others to use it. Choosing a license below will help protect your rights by signalling your intent to other users of the app.
None
CC Attribution 4.0
CC Attribution-NoDerivatives 4.0
CC Attribution-ShareAlike 4.0
CC Attribution-Noncommercial 4.0
CC Attribution-NonCommercial-NoDerivatives 4.0
CC Attribution-NonCommercial-Sharealike 4.0
All The Flavors Public Domain”

I’m not sure if that means something.


#5

I found this but it is all Dutch to me :wink:
https://creativecommons.org/licenses/by-nd/4.0/legalcode

I guess shops will just say that instead of selling the flavour concentrates needed to make a recipe separately they’ve made it more convenient for their customers by providing one-shots.
There might be a difference between selling it as a one-shot and selling the finished liquid but I really don’t know.
Maybe some of the other victims will chime in later (mostly US and on a different timetable).


#6

There have been a few threads like this already. As far as I know, no recipe can have a copyright and it’s all fair game. This is one of the reasons why the coca cola recipe is notoriously kept secret… What you could do probably is offer your one-shots cheaper and steal their customers? :slight_smile:
Making it known to those customers somehow that they’re stealing your recipe and cutting you out may also have an effect on their clientele and the business of those cheeky companies.

Besides the companies mentioned here, I’m sure there are a lot of mixers here who sell some liquid to friends/family/colleagues as well. Is that any different?
If you don’t want anyone else to make your recipe, just keep it private or don’t put it on the internet at all.

You could also take different approach and see it as a compliment that people are actually paying money for it. Perhaps that means you can make some money from your creativity as well?


#7

I think some do think like that. I’ve never seen any of my recipes for sale so I’m most likely a shit mixer :poop: :rofl:


#8

Whenever you post something on the internet it effectively becomes public domain, not just recipes but pretty much anything. Some things can be protected by copyright, but good luck trying to enforce that when it is out in the open for everybody to see.

My advice is to take it as a compliment, that you have created something good enough to be used commercially, and rejoice in knowing that people who aren’t DIY’ers or members here also get to enjoy your juice.


#9

Sure the copyright stuff means something but it’s up to the owner of the recpie to pursue. Beyond that, I don’t think the website owners of any diy site would/should pursue on someone’s behalf.

Edit because words are hard and couldn’t convey my thoughts. Rough and tumble day for sure.


#10

You could think of this as an opportunity to build your name recognition and perhaps leverage yourself into a One-shot deal with Chef’s or some other vendor who sells DIY one-shots.

If these companies are already making profit on your recipes that they lifted from your publicly available recipe list, perhaps you could do so on your future recipes. Labeled as “From the Original Creator of Goofy’s Juice!”

I think you are on the right track by keeping a cool-headed approach already. If you were all anger and fire, it could make it more difficult to build relationships with larger companies.

Best of luck, and congratulations on being a pirated mixer!


#11

The moment you put up a recipe or anything flavor oriented its up for grabs. It doesn’t matter if there’s a license etc. With publishing you agreed to share it with the public.

There’s a so called moral clausel but that’s about it. Businesses in most cases don’t care about the moral aspect, neither does laws/regulations and rules. So by looking just at that you out of luck.

While its nice to share with the community, you need to ask yourself if you want to publish your recipes, that can be picked up commercially or even by others without credit. If you don’t want that keep them in a notebook at home, because even just keeping it private on a internet platform/server of any kind, can lead to such things if there’s ever a data bank and protocol issue.

In general nothing you post, upload on the internet is ever save or protected in most cases. I’m sorry it happened to you so.


#12

This has come up here many times and it was always my understanding that a recipe can not be copyrighted. I am not a lawyer so I am not 100% sure that is true.

I did have a look at yours and the one from Just Flavours that you posted a link to above. While they are similar they are not exactly the same.

Going just by the flavors used and not percentages these recipes are indeed different.

Just Flavours version

Cashew Nuts (KH)
Graham Cracker (Clear) (TFA)
Creamy Hazelnut (FW)
Peanut Butter (KH)
RY4 Double (TPA)

Your original version

Acetyl Pyrazine 5% (TPA)
Graham Cracker (Clear) (TPA)
Hazelnut (FW)
Peanut Butter (TPA)
RY4 Double (TPA)

While these are very similar they are in no way the same.


#13

Yup… this guy has at least two of my recipes for sale and I suspect others. Some people…

I have given permission to a few people to use my recipes for profit. I’m humbled really. But, I don’t appreciate the ones that just take and make a profit without even asking.

Karma though…


#14

I would be stoked, but would love to earn money too hahaha


#15

My two cents. Recipes can’t be copyrighted… if you put it out there it’s fair game…

If you think that a vape shop selling your recipe is wrong then , the community owes VGod an apology and @daath would need to remove every clone recipe of elr.

The only thing I would say is maybe write them and ask if they could give you some credit for designing the recipe…


#16

Agree . It is. But, it would be a courtesy and the right thing to give credit to
the creator at least.

Disagree . Apples & Oranges, IMHO . ELR does not profit from VGOD’s creations at all.


#17

Not really apples and oranges,

Community gets mad because a company says stop posting clone recipes…

Now someone complains a company is using there recipe. And there’s comments like this.

So based on the community’s actions it’s not okay for a company to ask for recipe clones not to be publicly posted.

And base on the comment from @Chrispdx (a forum founder) . we should 1star any company that uses a public recipe.

To me that’s kinda of a double standard.


If you post a recipe publicly it’s going to be used… take it as a compliment and move on… or write the person using it and ask for a little credit on the label if it’s being sold…

There probably some legal royalties you probably owed , if you tie it up in court but honestly , taking it to court the only one who would come out ahead is the lawyer. Cause he’s gonna get paid.

Edit : someone pointed out I forget to put ()


#18

can you get the name copyrighted ? it would be a hassle and cost too much money but im wondering ? plus the fact that the name goofy is in it may open a can of worms with other companies


#19

THIS!
Courtesy and giving credit to the author are not traits of someone who figures a profit can be had.


#20

Maybe apples and burnt apple pie. There are apples involved. But, it’s one thing for a company to swipe a hobbyist’s recipe and sell it for profit without any credit, and quite another for a hobbyist to try to emulate a company’s product in their bedroom for their own use and give credit in the title of their not for sale attempt at it.

I get that they didn’t have to give credit because it’s in the public domain. I just can’t see the parallel with Vgod.