by Sandra Fikes

Created on: March 09, 2010

While you might see beauty products that are listed as being copyrighted, it is not actually the cream or lotion itself that has been copyrighted. Cosmetics, such as skin-care creams and lotions or perfumes and other such beauty products, are comprised of a listing of ingredients, a recipe, which is not copyrightable.

Instead, what it is that is copyrighted is the entire ensemble of the product's presentation. The specific written list of ingredients and how they are used to create the beauty product, plus descriptive text, information on the proper use of the product, and any illustrations or design elements (such as bottles, containers or images) that are used to enhance the basic product that was created by a specific use of ingredients - that, by itself, is not copyrightable.

Cosmetics would probably best be classified under Fact Sheet FL-122: Recipes in the Copyright Office Circulars and Fact Sheets section

In the Recipes brochure it states that copyright law does not protect recipes that are no more than a mere listing of ingredients. It extends to formulas, compounds and prescriptions, so  one would presume beauty products would, by their nature, be included. Indeed the flier states: "Nor does it protect other mere listings of ingredients such as those found in formulas, compounds or prescriptions.' That would include cosmetics.

So, how then does one copyright beauty products?

They copyright more than just the formula used in the individual product. The entire product, as a whole, is protected via the substantial literary material which is included with the product and other creative and artistic presentation including packaging and images used for the product.

» NOTE! «

It is important to note that applications and deposit copies of recipes and formulas are public records. This means that they are going to be viewable by anyone that desires to see them. Because of this the copyright office advises against anyone seeking copyright registration where the product or recipe they are interested in registering contains a secret ingredient. It would, by the very nature of the public record of the recipe, make public your formerly secret ingredient.

For more on copyright laws visit the Copyright Office website at www.copyright.gov
You can find out more about specific laws as they pertain to recipes and formulas in the Recipes Flier at www.copyright.gov/fls/fl122. pdf

NOTICE: This information applies to products in the USA, if you are in another county you should consult your local copyright offices.

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