A recent public dispute involving a creator known as Cakes by Kaity has sparked widespread debate on social media after she publicly claimed copyright ownership over a recipe.

The situation escalated when another creator responded, noting that the alleged infringement was not intentional and arose from independent baking efforts. However, this raises a fundamental question in intellectual property law: Can you copyright a recipe?

The answer is no. This case study serves as an opportunity to analyze why this claim is legally unfounded and how such misunderstandings often stem from a confusion between creative expression and functional instructions. This analysis is intended for educational purposes to clarify common misconceptions in the food industry.

Can You Copyright Facts? The Legal Distinction Between Recipes and Original Expression

What do we know about recipes? At their core, they are just functional lists of ingredients and instructions. In legal terms, those are just facts. You cannot copyright facts. If you could, the world would be in a constant state of lawsuits every single day. I see this all the time in my own field research.

For example, if I report that a male northern elephant seal’s vocalization reached 131 decibels, that is a measurable fact. Much like a recipe for a cake, the raw data or the steps to achieve a result are not creative expressions. Because of that, they stay in the public domain where everyone can use them.

Think about adding two teaspoons of sugar into a bowl of water. Scientifically, there is a specific, observable reaction that happens between the water and the sugar. That is a fact. My field research works the same way.

I follow a process: add this, subtract that, put these pieces together, or take them apart. These are all just facts. If I document ‘I did this thing, and this is how you achieve this result,’ I am only recording facts.

You cannot copyright the laws of science, and you cannot copyright the functional steps of a recipe.

I am not a lawyer. Let’s just get that out of the way. However, for this website I NEED very much to know about facts and how to use them so I don’t get in legal trouble. I feel like I have pretty decent experience in this area. While truthfully knowing nothing about cooking. I can barely make toast.

The Difference Between a Recipe and a Cookbook: Understanding Where Copyright Ends

This is where people like Cakes by Kaity often get confused. You absolutely can copyright a recipe book, but that protection does not extend to the individual recipes inside. Here is why: the book is a complete creative entity.

The photography, the personal stories, the specific way the author writes about their kitchen, and the unique layout are all original creative expressions. That whole package is protected.

However, when you strip away those stories and photos, you are left with the recipe itself, which is just a functional list of ingredients. Since those ingredients and steps are just facts, they do not get copyright protection. You are protecting the art of the book, not the science of the cooking instructions.

Also, if I can kindly offer some business advice to anyone out there, especially those who are solo: if you are going to start any business, you must know the laws as much as you can before even thinking about starting.

Even if you do not find yourself in big legal trouble, the court of public perception is terrifying. It is one thing to admit you were not aware of some laws. You are not going to know everything since you are not a lawyer.

However, if you try and throw your weight around to tell others not to come near your stuff, you better know what you are talking about. If you don’t, the internet will eat you alive. Unfortunately, this is exactly what happened in this situation.

Field Research Disclaimer: Content is for entertainment and editorial purposes only. I am not a medical, legal, or professional advisor. Photography is captured via handheld, minimal equipment for independent research in public or authorized spaces—no identifiable subjects are featured. Do not attempt these observations; consult a professional for safety. Findings are independent observations of Comfy Chaos Collective.