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Deceptively plagiaristic cookbook??
Do you believe that a watched pot never boils? If you do then you probably aren’t following the boiling mess being stirred up in the courts over some cookbooks which seem to be a wee bit alike.
Of course an Oprah re-run has gotten this simmering legal pot boiling even hotter. Here’s the story from the New York Times:
New Bout in Seinfeld Cookbook Battle
By JULIE BOSMAN
Thanks to a rise in Amazon rankings, a revamped lawsuit and an “Oprah” rerun, the debate over “vegetable plagiarism” has entered Round 2.
“Deceptively Delicious,” the cookbook by Jessica Seinfeld whose recipes for concealing puréed vegetables in comfort food for children bore such similarities to another cookbook’s that it inspired a lawsuit from that book’s author, shot to the top of the Amazon best-seller list on Wednesday, nine months after it was published.
The sharp rise in sales caught the eyes of both books’ publishers, who traced it to the rerun on Tuesday of an episode of “The Oprah Winfrey Show” that featured Ms. Seinfeld. The appearance also subsequently lifted sales of “The Sneaky Chef,” by Missy Chase Lapine, the author who is suing Ms. Seinfeld.
The books, similar in theme, content and appearance, remain inextricably tied to each other. On Amazon, shoppers viewing “Deceptively Delicious” are prodded to order “The Sneaky Chef,” and vice versa.
And both books’ newfound popularity came as Ms. Lapine vowed on Friday to press ahead with her lawsuit against Ms. Seinfeld and her husband, Jerry Seinfeld, originally filed in January. The suit charged that the Seinfelds were guilty of copyright infringement and defamation. (It was Mr. Seinfeld who, during an appearance on “Late Show with David Letterman,” before calling Ms. Lapine a “wacko,” mockingly suggested that his wife was accused of “vegetable plagiarism.”)
Armed with a new set of lawyers, Ms. Lapine recently extended her lawsuit against the Seinfelds to include HarperCollins, the publisher of Ms. Seinfeld’s cookbook. Ms. Lapine’s original lawyers left the case because they also represent News Corporation, which owns HarperCollins, Ms. Lapine said.
Ms. Lapine is seeking unspecified damages.
The Seinfelds called Ms. Lapine’s charges “trumped up,” pointing out that sneaking vegetables into children’s foods has been done in cookbooks since the early 1970s. (A lawyer for the Seinfelds did not return calls for comment on Friday.)
In a telephone interview from her literary agent’s office on Friday, Ms. Lapine said she would continue her lawsuit as long as necessary. “I have no expectations or requirements on time,” she said. “I’d love to see truth and justice and fairness prevail.”
Steve Ross, the publisher of Collins, the imprint that published “Deceptively Delicious,” said the inclusion of HarperCollins in the lawsuit did not change its support of Ms. Seinfeld.
“HarperCollins remains thrilled to count Jessica Seinfeld on its roster of talented authors, and continues to stand unequivocally behind her work,” he said.
The “Sneaky Chef” dispute began last summer, when Ms. Lapine received an eight-page promotional brochure for “Deceptively Delicious,” a sort of mini-version of the book. Ms. Lapine said she was stunned to see the similarities between the books, down to Ms. Seinfeld’s cover (a winking chef and an attempt to hide carrots).
Ms. Lapine’s book had been rejected by HarperCollins and was eventually published in April 2007 by Running Press, an imprint of the Perseus Books Group. Six months later Ms. Seinfeld’s book was published.
Each book became a best seller, but Ms. Seinfeld’s celebrity status helped her win a coveted appearance on “The Oprah Winfrey Show,” the ultimate book promotion. As of this week, Ms. Seinfeld’s publisher said 2.4 million copies of “Deceptively Delicious” were in print, while Ms. Lapine’s publisher said more than 200,000 copies of “The Sneaky Chef” were in print.
In March Ms. Lapine published a second “Sneaky Chef” cookbook, directed at women trying to persuade their spouses to eat healthier food. She is currently working on a third cookbook, “Sneaky Chef to the Rescue,” built around specific food-related questions she has received from readers, like cooking for holidays, for dieters and for people with food allergies.
The Perseus Books Group, Ms. Lapine’s publisher, is not a party to the lawsuit, but its chief executive, David Steinberger, has signaled his solidarity with her. “We support our author’s right to take steps to protect her intellectual property and reputation,” Mr. Steinberger said in an e-mail message on Friday.
Thomas Girardi, one of Ms. Lapine’s new lawyers, did not give details on the damages that Ms. Lapine is seeking, but said he expected the lawsuit to stretch into the fall. “This is not something that’s going to be resolved a week from Tuesday,” he said.
Mr. Ross, Ms. Seinfeld’s publisher, said despite the pending lawsuit and the swirl of controversy surrounding her book, HarperCollins has tentatively planned a new book with Ms. Seinfeld, which will be announced sometime this summer.
“Because we are convinced of her innocence,” Mr. Ross said, “we see no justification for not continuing the relationship.”
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Comments
By Mike
July 14, 2008 3:11 PM | Link to this
Yep, Vick. I think you’re on to something there. The secret ingredient for your cabbage dish is most certainly the Oprah factor. If there is any way to get this story on a perpetual Inside Edition loop and as a running feature in People magazine it is throwing a little Oprah into the mix. They use her notoriety like fertilizer for their money trees.By victor mickunas
July 14, 2008 1:18 PM | Link to this
OK, Mike..so the bottom line is that some cookbook writers are trying to find that secret recipe that will produce giant mounds of cabbage? Add a little litigation, stir in some Oprah seasoning and presto! Piles$ of cabbage.By Mike
July 14, 2008 11:27 AM | Link to this
In many ways this case might have some merit, but I’ve always been a bit confused about the whole “original recipe” idea. One of the latest being the controversy that swirled around Cindy McCain’s Oatmeal-Butterscotch Cookie Recipe supposedly lifted from the Food Network site. I’ve been a foodie for years, love to cook and have scads of cookbooks. I’ve baked a lot of cookies in my life and I have to say, there are amazingly few ways to make Oatmeal-Butterscotch cookies. I mean it’s oatmeal, flour, brown and white sugar, chips, vanilla, eggs, salt and soda. That’s about it. So who “owns” that recipe? What changes have to be made in order to be considered a new and original recipe? Is changing the salt to soda ratio enough? Or changing the butterscotch from chips to broken chunks? What’s next? Suing over who owns the recipe rights to lemonade? My grandma never cooked from a recipe in her life, but I’ve found quite a number of recipes over the years which reflect dishes that she was taught as a child growing up in eastern Kentucky. So who can lay claim to these as their own? In the end, of course, this case is about only one thing, Vick. M-O-N-E-YBy lmj
July 13, 2008 6:18 PM | Link to this
No, I did not buy the book in NYC. I had already looked through it thanks to my library. According to a chef I know, change an ingredient or adjust seasonings. I still think it’s awfully close to tell.By Riverdale Ghost
July 12, 2008 10:27 PM | Link to this
The best way to make a judgement on something like this is, if possible, to compare books two and three. The real author will be just as good the second and third time as the real author had the viewpoint. As to how different a recipe has to be — a wild guess: it has to taste different, but it helps if it also feels different and looks different.By victor mickunas
July 12, 2008 2:36 PM | Link to this
Did you buy it for 2 bucks?By lmj
July 12, 2008 11:41 AM | Link to this
I’ve always wondered about how different a recipe has to be to make it one’s own. Cookbooks are filled with basic recipes for everything from tuna-noodle casserole to prime rib. Why haven’t there been lawsuits over those books/recipes. I was in NYC at the beginning of June. I went into a large Salvation Army and perused the books. Guess what I found. Ms. Seinfeld’s book for $2.