Co-Authored by Tiffany Craig
KEY TAKE OUTS:
- RecipeTin Eats Nagi Maehashi alleged Brooki Bakehouse infringed copyright by plagiarising recipes published on recipetineats.com in her cookbook Bake with Brooki.
- Copyright laws protect expressions of work, not ideas or methodologies.
- Whether recipes can be copyrighted is a grey area – their expression can be, but not the idea behind them.
The recent cookbook dispute between social media influencers and Nagi Maehashi (@recipetineats) and Brooke Bellamy (@brookibakehouse) has highlighted the importance of understanding copyright laws when looking to publish your own works. Key questions arise such as – What is copyright? What can be copyrighted? What happens if I breach copyright laws?
Copyright Laws
In Australia, the Copyright Act 7968 (Cth) regulates the production of a ‘work’ to protect literary, dramatic, musical and artistic expressions by individuals or companies. These laws protect the actual expressed work and not just an idea or methodology. When a work is copyrighted, it prohibits others from reproducing, publishing, adapting or communicating that work to the public without the permission of the creator. If the copyright over a work is breached, i.e. it is published by someone else without permission, the infringer may be liable for a variety of financial penalties, an injunction may be sought against them, or criminal charges may be pursued.
Copyright Over Recipes?
Nagi has alleged that Brooke has plagiarised two recipes from recipetineats.com and published them in her cookbook Bake with Brooki. The recipes allegedly plagiarised are a Baklava recipe from 2018 and a Caramel Slice recipe from 2020. On 29 April 2025, Nagi released a statement on her website regarding her allegations, providing screenshots of almost word for word reproductions of the recipes from her website in Brooke’s cookbook. Brooke has denied the allegations and both parties are now proceeding with legal representation.
The crux of the issue is – can a recipe be copyrighted?
The answer: yes and no. Copyright laws can protect the written expression of a recipe once it is published or communicated to the public, such as the production of a recipe on a website. However, copyright does not extend to the recipe itself, meaning anyone can produce the recipe via the steps outlined without being sued for infringement. Therefore, in the case of RecipeTin Eats and Brooki Bakehouse, there could be an argument for both parties. The arguments as to if it’s copyright or not can be complicated and will be assessed on the facts and matters specific to this case. The court will need to determine all aspects of the recipe including its similarities and whether it has infringed on the rights of the original owner. It will be interesting to see how this case lands in the eyes of the court. Watch this space!
Conclusion
If you are in need of advice regarding any Intellectual Property matters, Coutts Lawyers & Conveyancers have a team that can support you. Get in touch with our Commercial Law or Litigation and Disputes team today to receive the advice you need.
ABOUT MELISSA CARE:
Melissa is a Senior Associate at Coutts Lawyers & Conveyancers working from our Campbelltown Office and has extensive experience in the areas of Civil Disputes & Litigation, Building and Construction Disputes, Commercial Litigation & Employment Law for both corporate clients and individuals.
Melissa holds a Bachelor of Laws, Bachelor of Commerce (Majoring in Marketing), Graduate Law Diploma from the College of Law; and has been admitted to the Supreme Court of NSW and the High Court of Australia.
For further information please don’t hesitate to contact:
Melissa Care
Senior Associate
info@couttslegal.com.au
1300 268 887
This blog is merely general and non-specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever to this blog, including all or any reliance on this blog or use or application of this blog by you.
