Well I got a not so friendly letter from ACP’s Legal Department asking I mean telling me to remove some of their recipes from my blog. The ones they specifically wanted removed were the ones from the Womens Weekly Cupcakes book. Given ACP’s recent stoush with a blogger it’s not surprising that they’ve relegated all of us to the “evil must be stopped” pile but it’s unfortunate that they don’t see the value of blogs.
Food bloggers routinely republish recipes from cookbooks because they want to share them with others and in turn, some readers may be opened up to cookbooks or authors that they may not have known about or were just curious about and often purchase the book in question (which I can clearly see from the data I get from Amazon and emails I receive). As far as I have seen, we always publish the source of the recipe, as I did, so it’s not a matter or stealing a recipe and claiming it as your own (to me, a worse infringement). Nor do people pick out large chunks of a book, it’s usually your favourite recipes that you pick to make. Food bloggers also give honest feedback about the recipe and whether it works as well as provide pictures which is useful to everyone.
To think that as food bloggers, we will be contacted by some lawyer to remove the recipes which we’ve taken the time to make and write about is disturbing. I suppose this means that the only choice we have in the future is to rewrite the recipe (which is easy enough) but then we would be forced not give the source for fear that they will send us legal letters. Although intuitively speaking, I think that a cookbook’s author would rather be given credit and have more copies of their book sell than have us change the recipe and delete their involvement in it. I only hope that the other authors featured on food blogs are not as petty and see their recipe inclusion as testaments to their recipes and of course, more potential sales, than anything else.
So in any case, I’ve been told to remove the recipes by the 11th of September which I have done. I have removed their recipes from the following stories and replaced them with even better recipes:
Banana and Caramel Almost Bannoffee cupcakes
I shall also stop using that cookbook and other ACP books (hmmm flicking through the spines on my bookshelf I have no other ACP books) but this is more out of the negative feelings I get from picking it up.
But who is going to talk to ACP about them “borrowing” the decorating ideas from Claire Crespo’s book? 
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46 Comments | Add your own
Wow, is this for real?! Shame on ACP…
Get a grip ACP. Way to lose a lot of respect from previously loyal fans of your work. Anyone for an ACP book bonfire?
I recommended Jessica Seinfeld’s Deceptively Delicious to a friend with a fussy toddler based on what I’d seen here on NQN’s blog, and you know what? She bought the whole book! Why not think of bloggers as giving you free publicity instead of the evil copyright infringers you perceive them to be
You’ll always have my support NQN! Keep up the amazing articles and drool-worthy photos!
Lawyers always take the fun out of everything!
Shame on ACP for allowing such stupidity!
*makes a mental note to never purchase an ACP publication*
Short-sightedness of ACP might cost themselves here. People that read your blog and recipes see that Women’s Weekly Cupcakes book gets mentioned regularly, they may go and actually buy that book. But by asking you to remove all those recipes people like us will never know about the Women’s Weekly Cupcakes book. I’ll boycott ACP’s publication as well. Actually I’ll read it at bookshop/supermarket and not buy it.
That is just so slack of ACP. You’d think that the publicity generated by people like you, NQN, who’ve actually tried their recipes and blogged on them, would far outweigh any loss of sales. In fact, I’ve gone out and bought cookbooks based on what I’ve seen on the http://www. I am going to give away my 2 ACP books now. And keep up the good work, I’m sure you have lots of other recipes to try and to share with us!
ACP sucks!
I can’t believe they go to so much trouble considering recipes in themselves are so difficult to copyright. A list of ingredients cannot be protected by copyright. The exact wording for a method can be protected by copyright if it is deemed to be unique. Basically, if you re-wrote it in your own words, made a couple of substitutions and said “adapted from. . .” they’d have a lot less to say about the matter. It’s such a gray area.
This sounds like a story for Today Tonight!
that is ridiculous! Recipes are created to be shared, not witheld.
I vow never to buy an ACP publication for as long as I live!
I’m appalled by this, and will be tracking down anyone I can at ACP to tell them what a bunch of idiots they are.
Email your thoughts to: AWW@acpmagazines.com.au
I just wanted to weigh in on this from a legal perspective - it is quite possible that ACP is just throwing their weight around and they have no legal basis on which to ask you to cease publishing their material. Good luck!
You really think ACP would not be this short-sighted… obviously they have not got their heads around the benefits of WOM and web2.0 marketing.
What idiots!
I have to agree with everyone else. The recipes I see on this and other blogs are what gets me out to buy a cookbook! Im interested to know how your posting a recipe is different from the ones they post on the AWW website. Oh wait - they get the advertising dollars on their site
Ridiculous AWW Im walking past your books in the store now.
Their behaviour basically leaves a dirty taste in my mouth. You haven’t scanned the whole book and put them on the internet. As far as I am aware, you can copy up to 5% or 10% of the book before its a copyright infringement. Thats why they have photocopiers in libraries. Sharing a few recipes and crediting the author is probably GOOD for their business. Their stupid behaviour will just mean readers of your blog won’t bother buying their book, because WE DON’T KNOW WHICH BOOK ITS FROM! Morons. Keep up the great work and ignore ignorant people like that.
I would have a look into whether your posts qualify as “fair dealing” under copyright law (you can ghoogle it at the copyright council) and if so, you are allowed to use their material in your posts. Good luck - and what a stupid thing for them to do. Note to ACP - only good things come to people like Dorie Greenspan that embrace the blogging community.
You’ve made it! A cease and desist letter - congratulations! I won’t be buying an ACP book in the near future. So well done ACP, well done.
ACP don’t want free marketing?
What a fabulous idea to no longer use their recipes in the future. You have always credited and referenced recipes and ideas and have given honest feedback about the recipes. It’s rather petty and small minded of them to think that a celebrated food blog would be a threat to their “copyrights” and profit margins. SHAME SHAME SHAME ACP.
It also makes me think badly of Australian Women’s Weekly. I always thought that the recipes they have were meant to be shared. They have no problems publishing recipes on the ninemsn website.
I am sorry that they have made you feel like a criminal. I have always enjoyed your blog and I hope you are not discouraged in any way by this and that you continue to do great things with NQN.
Well, that’s very heavy-handed of them. (And I agree that they are probably trying it on, in the hope that you will remove the recipes. I’m pretty sure that you can have them there under “fair use” but I guess copyright law differs between countries.)
*hugs*
I truly hope that you’ll only take the recipes down and not the photos - they are fabulous, and it would be a damn shame to see them go.
Thank goodness ACP’s lawyers have earned their salaries this week.
I think Suzie makes a great point - how many people have gone out and bought Dorie’s book after reading people’s Tuesday’s with Dorie posts? ACP are mad not to be happy about the free publicity, but more fool them.
This is terrible! People don’t know whether a cookbook has any good recipes in it until a friend or blogger tells of their experiences with it. In many cases making you buy the book - it’s much nicer than a photo copy or typed recipe.
I’ve always been handed down recipes from family and friends, and have enjoyed your blogs every day!
I hope this doesn’t spoil all the hard work you put into it.
Hi Kathy-Yep unfortunately given the amount of legalese and heavy tone of the letter it appears true
Hi Nic-I’m all up for an ACP book burn! Although I only have the one book to burn as I don’t have many of their cookbooks
Very interesting, perhaps they didn’t make the very obvious connection that discussion encourages recommendations and sales?
Thankyou so much Nic!
Hi Popeye-Yes life would be much more pleasant without getting these bothersome little letters
Thanks, I appreciate the support!
Hi Alan-You’re absolutely right on all counts. Their Cupcakes book was always behind the other Cupcake books in terms of interest and I wish I had never recommended it to people had I known how silly the company was. LOL I love that idea, read it but not buy it
Hi belle-Sadly yes, I guess the law doesn’t allow for them to see the bigger picture. Although you’d expect a pragmatic lawyer to advise a company of the bigger ramifications of applying the law in this manner. Thankyou so much for that and yes I have many non ACP recipes to share with lovelies like you
Hi felix-I can wholeheartedly agree with you!
Hi Amanda-I agree, their wording is hardly unique like Nigella’s. It’s instructional at best. I won’t remove the stories, I’ll just remove ACP’s recipes but I’ll replace them with better ones for the same cake rather than their dusty old ones
Hi Voguette-Haha, yes any chance to get one over A Current Affair!
Hi Susan-I couldn’t have said it better. My image of the Womens Weekly is not a bunch of lawyers and I’m sure that’s not the image they want to portray. Thankyou so much! My Harpers Bazaar sub was the only thing I had of theirs aside from this book and that is up this month and I’m definitely not renewing .
Hi reemski-Thankyou SO much! That is great and thanks for tracking down the email address
it’s lovely to have such a passionate supporter 
Hi katie-You’re probably right, but to be honest I don’t want to promote anything to do with them. They can go the way of the dinosaurs if they’re so out of touch with the world today and how blogging works. So I’m clearing the decks of their recipes and replacing them with better (and less litigious ones)
Hi Paula-Yep, you’d think a company that has such a big website would know the basics. Sadly not! Poor them…what Mr T’s phrase? “I pity the fool”?
Hi Linda-Yes I suspect greed is behind a lot of these decisions but to sink to harassing bloggers just shows how low they will go. Thanks for the support!
Hi SoRMuiJAi-Mine too
it’s truly ridiculous and amazing that a company can’t see beyond their desk. Ignorance is not bliss in this case, it’s just being clueless! Thankyou so much! 
Hi Suzie-Yes Dorie is a great example. I think it takes a much more enlightened and aware person to see the bigger picture and unfortunately when you have people “protecting you” that are short sighted, it’s sad more then anything. Thanks!
Hi Kim-It’s a dubious measure of success
I’d rather a box of chocolates but this will do. Thanks so much! 
Hi Maria-It seems not, crazy huh?
Yes I think that no longer promoting them or anything to do with them is the way I’ll have to do it and I’m more than happy to do it that way. The idea of promoting them would actually make me sick at this point.
Yes that’s not the image I had of WW. One thinks of a grandmother passing down recipes or a family recipe, not some lawyer telling you that you can’t pass that down!
Thanks for your kind words, I did feel like I had been made to feel like a criminal and that upset me a lot. After a bit of a shock, I gathered myself and NQN will most definitely keep going forward. And I will get an ACP Voodoo doll
Hi Angela-Yes if you’d seen the letter you’d have been shocked. But of course I can’t reprint it as it has a big “Private, Confidential and Not for Publication”. I relish the idea of purging my site of their recipes now *HUGS*
Hi Sara-Thanks! Absolutely, the pictures won’t go down
They can’t force me to take them down, otherwise I will fight back on the photos. Although I would laugh so hard if they said “You can’t publish photos of the things that you make using our cookbook”. I’d probably put that on a plaque on the wall for a good laugh every morning 
Hi Annie-Yes it’s amazing how some people are smart about their business and some are so territorial. Especially about things such as recipes, being like that hardly enters into the spirit of sharing recipes
Definitely more fool them.
Hi Anita-I agree, thanks so much and yes it seems funny that they’d think people would want a a few recipes in lieu of a cookbook. Says a lot about what they think about the standard of their cookbooks!
Thanks so much and no it won’t affect me here, I’ll keep blogging, just without that unmentionable company darkening my pages!
SoRMuiJAi: that 10% rule which you mention applies only to fair dealing for the purpose of research or study.
Suzie: I agree - NQN certainly has complied with s 42(1) of the Copyright Act as she has arguably sufficiently acknowledged the work made for the purpose of reporting in her blog. Though if NQN wished to pursue ACP’s requests on the contrary…she’d have to first look at the subsistence of copyright :p
wow, acp is showing how out of touch with the media and web publishing/food blog with this demand!
interestingly enough, i did a google search for “women’s weekly” recipe under blogspot.com, and i got over 3,000 results! acp’s legal team are going to be busy sending out cease and desist’s and that’s following up only those recipes that are accredited (which is probably how they got to yours in the first place).
I only just discovered your blog because I received a copy of WW’s Cupcakes & Fairycakes for my birthday. I love reading recipes on blogs because they usually have handy tips that don’t appear in the publication. And I definitely feel inspired to purchase the book after. It is definitely a mistake on ACP’s part for missing out on this marketing opportunity.
p.s/ I LOVE YOUR BLOG!!!
Wow, ACP has balls. They’re not really in a position to take the holier than thou approach.
Maybe their IP counsel should have gotten their act together more speedily when they attributed the wrong artist for a painting that Princess Mary had posed next to in an accompanying article. The rightful artist and his son made 90 phone calls to the ACP offices and it took them 1.5 years after the said publication to issue a correction and this was only because the case was being heard soon after - Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136.
Fair dealing provisions in the copyright act only pertains to research, study or criticism.
It’s unfortunate that Women’s Weekly has taken this approach. As with America’s Test Kitchen, WW has yet to realize the power of bloggers and how that will undoubtedly impact their business. I was just recently gifted a couple of copies of their magazine and was serious about subscribing. I think I could certainly use my money more wisely than to support publishers who seemingly spend more time and money hound dogging bloggers than improving their own public profile.
To put into perspective how out of touch ACP is, there are many food blogging websites dedicated to cooking recipes from specific cookbooks(without such repercussions!). See this Wall St Journal article
http://online.wsj.com/article/SB121190900491223271.html?mod=Portals
The fact that you received this letter is ridiculous! ACP must be so behind the times if they think food blogs are a problem. Half if not more of their sales would be because of people reading recipes from blogs. You were doing them a favour!
Haven’t they got bigger fish to fry?
What a wonderful array of right-on-the-money comments.. and to that I will say “here, here”.. and to ACP.. all I can say is *Arseholes*.
I have considered buying the WW cupcakes book on two occasions..based on what I’ve seen here on your blog. I often ‘visit’ something in a shop before I buy it (especially when I have other financial priorities). Sometimes then the things go on my birthday and Christmas lists.
Sorry for the trailer park talk and that I don’t have anything more intelligent to offer.
Just where I am.
Who do they think they are?!
They stole the Linux Penguin for a cake, without a second thought. And you really don’t want to mess with Linux people.
I love your blog and have converted many others to it!
Seeing that I live in the states and do not know who Womens weekly is- I can’t do much to protest about the stupidity of lawyers. They seem to have done nothing but create a lot of bad press and are totally clueless to the positive impact bloggers can have on their books, recipes…etc-etc. I hope you keep the photos posted!
Hi D-Thanks for the advice
Sometimes I wish I had a law degree!
Hi blythe-Yes it really shows that unfortunately
For a company that should want to look modern, it doesn’t bode well. Yes if only I had not mentioned them in the first place!
Hi Paprika-I agree, sometimes recipes can be improved or need hints, who hasn’t come across a recipe that just hasn’t worked as described in the recipe. Thankyou so much!
Hi Mimi-Hehe interesting! Yes I suppose what’s good for the goose isn’t good for the gander. Not an attractive trait!
Hi giz-I think it’s sad when people don’t give credit to blogs, after all, they love google don’t they and google loves blogs. It doesn’t take a genius to put two and two together! Thanks so much for your support
Hi Steve-That’s a great link, thankyou!
Very interesting to see great cookbook authors don’t have a problem with bloggers.
Hi Lauren-I honestly wondered that myself. Why would they bother with me when all they are getting is publicity and sales from it? It’s bewildering at best
Hi Maria-thanks darling
I’m like you, a cookbook purchase can be a well thought out process. Haha don’t worry, I was using some similar language when the letter was received
Hi jo-Really?! Hmmm one rule for them, another for us I see. Bad behaviour and yes you don’t mess with the Linux people!
Thanks so much, that is so lovely to hear!
Hi Kim-I don’t know why they couldn’t have just made a phone call but to come in swinging that letter is like using a car to hit a ladybeetle. Just silly really
Doll - ACP must be really threatened by the popularity of your blog to threaten legal action. Well done!
Unfortunately this is all too typical in the Australia food industry. I have friends who work in various parts of the industry and they are often very dismissive of food blogs, preferring “professional critics” like the newspapers etc. They don’t understand that although it might be fascinating to know what an epicure thinks of the most expensive meal in town, for the most part it is regular people who love food but can’t afford Quay every night who are reading these blogs, and the bloggers are providing us with recommendations (to both restaurants and cookbooks) which we happily act upon.
I don’t know how many restaurants I have noted down from this and a couple of other Sydney food blogs (although I’d have to say that for regularity, reliability and beauty of posting NQN outranks all of them), but it’s got to around a dozen. And everytime I visit them, I make a point of telling the wait staff that I saw their review on this website. Because I want them to know that food bloggers are an important, legitimate part of the food industry now, and one that is more accessible to their regular customers.
Similarly, ACP should realise that the people who love food, who cook at home, who buy cookbooks, are the audience for sites like these. And getting all heavy-handed makes them look so last century, so out of touch. They should be sending you free cookbooks to review, like they do for food magazines and newspapers, not trying to stop you when you properly credit their recipe.
It’s foolish and short-sighted and like trying to hold back the ocean with a teacup. Idiots.
As a whole, the food industry needs to wake up to the potential of the internet, and specifically the web 2.0, user-driven content. Who goes to a restaurant before checking eatability? Who would go to a restaurant that NQN had reviewed badly? I know I’ll certainly never buy a Martha Stewart cookbook having seen what was written here about a recipe once - and having had that experience reinforced myself.
Before I know about food blogger I was following a blog that reviewed cafe’s foods. I was having mouthwatering reading and seeing these pictures. That pictures keep wandering inside my mind. That was when I asked friends of mine to accompany me to the bills at Surry Hills. That was when I and my friends realised that there a lots of things to eat in Sydney. I though Sydney was a boring city before. We never wandering around Surry Hills’ eateries before.
I bought some cupcakes after reading a recommended food blogger review, bought cakes from bakeries, seeing some market places after reading these reviews. These food bloggers are really eye opener to the fact that I could eat so much things in Sydney and hey, it was fun!
Then I clicked on several links to other food bloggers and found out that there were some bloggers who reviewed cookbook and recipes with some handy tips. That’s when I started making cupcake. Since I like to try something out of ordinary, I started it with red velvet cupcake and cheese cream frosting. My friends keep commenting how good is the cream and were surprised at the fact that it was using cheese cream as Indonesian usually using butter cream and only tried some fresh cream. No one of my friends ever attempted to make cheese cream frosting before.
Then I tried your recipe of using leftover croisscant which I regard as a smart one and easy to make with ingredients close by in my kitchen.
I trust a food blogger when I tried a recipe and it work or when I ate at the recommended place and it was delicious as I imagined it would be.
This kind of trust can not be obtained from a cookbook. Only when people keep commenting how good is a cookbook then I will be willing to buy one, however these people should be these people who I can trust as I am not a professional chef and I need a continuous ‘push’ to try a recipe from a cookbook.
I did try some of my AWW recipes and feel my heart sank when the cake was not good and my curry is not what I already imagine the taste would like, it lack of these ‘hit’ flavours that I got from Indian restaurant or the cakes that I bought from a nearby bakery and I don’t know what wrong with these recipes. Two of my AWW books are in a box for years and never been used again. I never buy any AWW cookbook anymore. Instead I bought some recipes from another magazine that put lots of handy tips and able to follow these step-by-step easily.
I realised that there are many people who are amateurs and did make some simple mistakes unknowingly that it change the texture and flavours, but they are having no one that they can trust to consult with a lots of questions and having feeback or time to listen to them.
When you reviewed these recipes and put your own comments, I feel like “here is the never-fail recipe, it’s easy to do and you can do it after this food blogger did it many times and reviewed the best tips and what causes of failed one. I’m ready to try this recipe”
I hope AWW do look at this case. A recipe will never be reviewed again if no one blow a fresh wind by uplifting it. A grandma’s recipe will not be brought up if the granddaughter could not remember how good is grandma’s cooking and mentioned it to her friends who then try it basically on a friend’s recommendation.
A food blogger who reviewed a recipe is a modern friend who own a grandma’s cookbook that has been reviewed and tried & tested many times with many variations, so that it will not be boring.
How to get a touch on more grandma’s recipes than own the recipe book and asking ‘the daughter’ for some tips before trying it? I always wrote some tips on a cookbook when the tips are worth.
I bet NQN did give some tips via email and via replying these comments. I believed that NQN did spent her time to get a touch with lots of people keep asking her and spent efforts in maintaining this relationship and trust. This is what we can not get from a cookbook even if it is written by a famous chef, because a cookbook is only a one-way relationship. You can not ask the chef for a feedback and if you can, it will took a long time for a reply which already disminish our interest in cooking a possible favourite recipe.
Oh, how I wish NQN will review the curry and cakes recipes from AWW, if only she get a chance.
I remember I got a bright eyes when NQN reviewed a banana cake recipe. I trust NQN’s advice and I already began looking for Nigella’s cookbook in bookshops. It is not a mission impossible again to use Nigella’s recipes.
Hi Teena-Yes it’s a dubious honour indeed. I’ve “arrived”. Yay.
Hi SydneyGal-You’ve pretty much expressed what I feel and my frustrating in a very eloquent and well thought out way! Funnily enough, when I go to an expensive restaurant, I often get less comments and traffic to those stories. Thankyou for that and thanks fro taking the trouble to tell them where you hear about them. The savvy ones will adopt the concept of bloggers. After all, aren’t we just like their precious and sought after customers.
Hehe I like your analogy with the teacup, very true. And yes sending us cookbooks to talk about would be a smart way to get your cookbook talked about.
Yes I can’t believe some of the attitudes towards websites, some people are so out of touch it’s frightening!
Hi Lilia-Wow, wow and wow! Thanks so much for taking the time to write your comment, it means a lot to me
I think if anyone from ACP is reading this they’ll realise just how passionate and supportive the food blogging community is. Also how passionate and into food people are and how hungry we are to read about a good place to eat or a good recipe to make and how food bloggers fit into the picture. We’re not nuisances that steal copyright but rather people committed to finding good recipes and places to eat and spreading the word to anyone else that is interested (and there are so many just as passionate people that are). Thanks again Lilia 
Awww what spoilsports they are! What a shame! You’d think they would appreciate the free publicity.
Hi Y-Yep they really know how to ruin a party don’t they. You’d think so but no…Pfffft!
Jebus! what a load of ****. That is ridiculous. Please keep the pretty pictures though!
x
Hi Iron Chef Shellie-Yep you wouldn’t have thought that Womens Weekly wanted this sort of image but apparently they do!
I’ve just gotten to read about your run in from another blog. I’ve always been a fan of AWW and have been borrowing their magazines from the local library. I’m definitely going to return these over the week-end. Just think I was about to try a few of their receipes. HUH!
Just read about this from another blog. I’m also a fan of AWW but after this - no more! And just think I was about to try some of their recipes this weekend!
Hi jo-I wonder how they draw the line between a library (where you can get the whole book or magazine for free) and blogs. Who knows how they think! Thanks for your support
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