All over the United States this week, people are getting ready for Thanksgiving. Typical preparation includes cleaning the house, washing your fancy linens, digging in your cabinets for the roasting pan you use once a year, and searching the internet for recipes. And, once you find a recipe, hoping that the website includes the coveted “Jump to Recipe” button at the top. 

But before you press that button, have you ever wondered why recipe authors include so much seemingly extraneous information before the actual recipe? One key reason revolves around intellectual property – specifically, copyright protection.

According to the U.S. Copyright Office,ⁱ a copyright protects “original works of authorship including literary, dramatic, musical, and artistic works.” However, copyrights do not protect “facts, ideas, systems, or methods of operation.”

However, if a recipe is accompanied by a “substantial literary expression,” the entire work is transformed into something copyrightable. Accordingly, cookbooks are copyrightable as an entire work, even if each individual recipe is not protected by itself. In many cases of online recipes, this “substantial literary expression” includes a detailed explanation of the recipe steps, recommended kitchen tools, alternative options for some ingredients, anecdotes about the origin of the recipe, or even the author's entire life story. 

So, the next time you find yourself searching online for something to cook or bake, I hope you have a better understanding of why the article seems to go on forever before you get to the recipe. 

And now, as a Thanksgiving gift to all the faithful readers of the Gallium Law blog, I present to you my personal favorite Thanksgiving recipe. But first, my own “substantial literary expression:”

Growing up, Thanksgiving was my favorite holiday. My parents hosted Thanksgiving every year for most of my childhood, and we sometimes had as many as thirty-five family members and friends gathered in our house. It was always a fun day to see my cousins, and the weather was usually mild enough to run around in the backyard while the adults handled the food prep. My mom often had to special order a turkey large enough for our group, and my dad always cooked it on the grill to preserve the oven for the numerous side dishes and desserts that needed to be baked throughout the day.

One thing to know about me is that I love sweet potatoes. I also love marshmallows. I, however, do not love sweet potato casserole with marshmallows on top. The only times I enjoyed eating this concoction was when I or one (or two or three) of my sisters and/or cousins would sneak the topping off the sweet potatoes and inevitably get caught and lightly scolded. One year, we even set off the smoke detector because we forgot about the casserole in the oven, and the marshmallows burned.

In my opinion, marshmallows belong in a s'more, in a steaming mug of hot chocolate, or in a crispy rice treat, but certainly not on top of sweet potatoes. Something about seeing marshmallows – a classic dessert ingredient – next to all the side dishes instead of on the dessert table always seemed wrong to me. This is why I was thrilled the year my mom decided to try out a different type of sweet potato casserole – one without marshmallows and instead with a crunchy topping of cornflakes and pecans.

The creamy whipped potatoes paired with the crunchy and sweet topping is an unbeatable match. If I'm being totally honest, this could also maybe be a dessert, but I think it's great with the main meal. Remember, I said I had an issue with marshmallows as a side dish, not anything and/or everything sweet.

This dish is obviously one of my favorites, and my family often enjoys it at both Thanksgiving and Christmas. It's for sure one of my favorite leftovers to enjoy in the days following either holiday. I hope you try it out and enjoy it as well!

Whipped Sweet Potatoes with Brown Sugar Pecan Topping

Ingredients
For Sweet Potatoes

• 2-3 large red-skinned sweet potatoes (yams), peeled, cut into 1-inch pieces
• 4 tablespoons (1/2 stick) unsalted butter, room temperature
• 1 Large egg
• 1 tablespoon sugar
• 1 teaspoon pumpkin pie spice
• Pinch of salt

For Topping

• 1 1/2 Cups cornflakes, crushed
• 1/2 Cup (packed) brown sugar
• 1/2 Cup chopped pecans
• 2 tablespoons unsalted butter, melted

Directions

1. Make sweet potatoes:
   1. Preheat oven to 400 degrees Fahrenheit.
   2. Cook sweet potatoes in a large pot of boiling water until tender, about 15 minutes. Drain; transfer potatoes to a large bowl and add butter.
   3. Using an electric mixer, beat until smooth.
   4. Add egg, sugar, spice and salt; beat to blend.
   5. Transfer mixture to an 8 x 8 inch baking dish.
      1. Note: The potatoes can be made 1 day ahead. Cover and chill. Bring to room temperature before continuing.
   6. Bake potatoes until they begin to brown around the edges and appear slightly puffed, about 25 minutes.
2. Meanwhile, prepare the topping: Mix together all ingredients in a medium bowl.
3. Spoon topping evenly over potatoes. Bake until golden brown and crisp, about 10 minutes. 

How Gallium Law Can Help
Do you have questions about copyright law or any other area of intellectual property? Or even just a question for Isabel about this recipe? If so, please fill out this online form or call us at 651-256-9480 to schedule a consultation.

*The information in this article is not legal advice and should not be relied on. The content of this article is for informational purposes only and is meant as a starting point in your search for answers to your legal questions.

^{i: https://www.copyright.gov/help/faq/faq-protect.html}

^{ii: https://casetext.com/case/tomaydo-tomahhdo-llc-v-vozary}

^{iii: https://casetext.com/case/publications-intl-ltd-v-meredith-corp}