Understanding the Limits of Copyright Protection.
The famous social media application, TikTok, has served the drama in the baking community over the last few weeks. Tears were shed, and apology videos were made, all over a Fruity Pebbles cake pop recipe. Cake by Kaity, a well-known “cake popper” in the community, has claimed copyright protection over her Fruity Pebbles cake pop recipe. She accused the cake popper, Sweet Treats by Ashley, of stealing the recipe. According to Kaity, the recipe can only be found in her copyrighted cookbook.
What is Copyright and What does it Protect?
“Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression” (What is Copyright). Copyright protects such as paintings, photographs, illustrations, music, and more. The owner of a copyright has exclusive rights. These include, the right to reproduce, create derivative works, distribute, perform, and display.
While all the protections of copyright sound great, and in fact are, they are not limitless. Here, the misunderstanding between Kaity and Ashley arose due to what is actually protected by Kaity’s copyright. While Kaity’s cookbook is subject to all the exclusive rights explained above, her recipes, standing alone, are not. This is because of the “idea-expression dichotomy” which “creates a dividing line between ideas, which are not protected by copyright law, and the expression of those ideas, which can be protected by copyright law” (Copyright Alliance). So, while Kaity’s cookbook is protected in its arrangement of recipes, the individual recipes are not themselves protected under Kaity’s copyright.
When does inspiration become infringement?
Sweet Treats by Ashley claims to have never purchased the Cake by Kaity cookbook, nor have ever seen the written recipe. Instead, she claims to have gained inspiration through a video posted by Cake by Kaity on TikTok. This video showed her utilizing the popular cereal brand, Fruity Pebbles, in her cake pop recipe. Inspiration, on one hand, is legal and occurs when an idea is gathered from an already existing work to form something new. Infringement, on the other hand, is illegal. It is unauthorized use of a copyrighted work, infringing on the owner’s exclusive rights. Here, Sweet Treats by Ashley simply took inspiration from Kaity’s use of Fruity Pebbles cereal in her cake pops. Which was a fully legal action.
The Cake Pop Fiasco: What Result?
The dispute between Cake by Kaity and Sweet Treats by Ashley ended in a tearful apology and better understanding of copyright law. While the cake popping community may be feeling the residual effects of the Fruity Pebbles dispute, it became a great lesson for the public to learn the bounds of copyright protection and further see the integration of intellectual property in every aspect of life, even home baking!
Author Credits: Briley Boan
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