Case Study 3 - Intellectual Property

Patty is a popular social media food blogger who features her own soul food recipes. She has a huge following on platforms such as TikTok, Instagram and Facebook. Patty has been blogging for more than five years. Patty regularly posts recipes on her various social media platforms. All of her recipes are a fusion of her own creations and recipes handed down by her great-great-grandmother who died in 1920. Patty has decided to publish a cookbook of her recipes.

Before Pattys cookbook could be released, her publisher contacts her to inform her that another cookbook by another author already exists that contains many of the same recipes in her cookbook. Patty is shocked because all of her recipes are original and come from either her great-great-grandmother, herself or a combination of both. After doing a little research, Patty discovers that this other cookbook was just published in the last 6 months. Many of the recipes in this other authors cookbook are recipes that Patty posted on her social media platforms over the last five years. It is clear to Patty that this author has stolen her recipes. Explain to Patty what legal remedies she may have.

I. Facts What happened? II. Issue What is the question of law? III. Holding What is your decision? IV. Reasoning What principles of law did you base your decision on?