This week on Something to BAKE.COOK.EAT …. we are focusing on the something to COOK! Well, focusing really isn’t the right word, more so this is the only thing I’ve had time to cover. I have been traveling non-stop for work recently and have been on the move the last three of the four week. I’m finally catching a break over the next two weeks and looking forward to being back in my kitchen.
As I’ve been working on writing and creating recipes of my own something I’ve been thinking a lot about is what actually makes a recipe yours? After all there are only so many ways to make a meatball and even more so for baking or classic recipes there are tried and true ratios and techniques that rarely change much from recipe to recipe. SO, if you're interested in recipe development and copyright law keep reading, if not skip down to this week’s recipe, Vietnamese Herbed Meatballs, which I know are going to end up being a staple in our house.
What makes a recipe yours? Here are the surprising facts …
A simple recipe or ingredient list DOES NOT fall under copyright protection.
This is due to something called the idea-expression dichotomy. Ideas are not protected by copyright law, but expression of those ideas are. However, in some cases, the idea and expression of those ideas are so interlaced that there are very few ways to actually express the idea. You experience this when you search for a cinnamon bun recipe and are met with hundreds of options that are all wildly similar. (Cinnamon bun = idea , Recipe = expression)
Functional and Factual - In Tomaydo-Tomahdo, LLC v. Vozary, the Sixth Circuit explains that “the list of ingredients is merely a factual statement, and as previously discussed, facts are not copyrightable. Furthermore, a recipe’s instructions, as functional directions, are statutorily excluded from copyright protection.”
As always there are some exceptions to the rule …
Recipes CAN fall under copyright protection IF they are accompanied by “Substantial literary expression”
Substantial literary expression - The use of detailed directions and instructions as it pertains to the creation of the dish. Substantial literary expression could also be creative explanation of ingredients as they pertain to the cooking or baking process. SLE brings out the authors unique voice and style in which they describe how the dish is made in a step-by-step fashion.
Even with the use of SLE, the ingredients list is STILL not copyright-able.
**** Here in lies the reason that food bloggers blog so hard and start every recipe with “Fourscore and seven year ago” and then proceed to tell you their life story, they have to in the name of SUBSTANTIAL LITERARY EXPRESSION!
What about Cookbooks?
Arrangement and Selection / Compilation - Cookbooks fall under copyright protection as it pertains to the arrangement and selection of recipes in the compilation. The induvial works within the cookbook do not fall under copy right protection and ingredient lists can for all intents and purposes be directly copied.
WOW. How crazy is that? I certainly don’t condone directly copying ingredients lists, but it is eye opening to know that even copyright law understands how hard it is to differentiate recipes from one another and recognizes what truly makes them different from one another is the authors unique voice and interpretation or rather re-interpretation of our favorite dishes. It makes you think, it’s so similar to painting or any other art form, you can all have the same set of paint brushes and colors, but the end result will be unique to each painter.
Now on to this weeks recipe …
We love a meatball in this house. An excellent vehicle for a wide array of flavors and a good all week protein that I can reheat for work lunches and quick dinners. The inspiration for this recipe came from a New York Times recipe that came across on my app. I saw it and felt the bones were there, but it needed a few teaks. In the name of substantial literary expression, I have added a few ingredients, spiced up the name, and interpreted the recipe in my own way. Here was the original for reference.
Before You Get Started …
Long Grain Basmati Rice: A long grain basmati rice is always my go to for a recipe like this. The long shape of basmati rice results in a fluffier final result and doesn’t clump together as much like other shorter varieties that tend to be stickier. As with cooking any rice, soak or at least rinse before cooking to remove some of the starch.
Fish Sauce: Fish sauce is a key ingredient in this recipe; it will not make your meatballs taste like fish. Rather it will deepen flavors add umami. Fish sauce is full of naturally occurring glutamates, which is the compound responsible for the umami. The aroma of Fish Sauce is very intense, but the flavors will be more subtle when added to the dish.
Ground Pork: I have turned my nose up at ground pork in the past but want to call this out as a great, relatively lean protein source. 7 grams of fat per serving and tastes only 100 million times better than ground turkey or chicken.
Ingredients
Yield: 4 servings, 12 Meatballs total
Meatballs:
2 tbs peeled and minced ginger
1 tbs minced garlic (about 3 large cloves)
1 tbs fish sauce
3 tbs Green Onion - thinly sliced
2 tbs Cilantro - Roughly chopped
2 tbs sesame oil
1tsp freshly ground black pepper
½teaspoon kosher salt
½ Panko breadcrumbs
1 egg
1pound ground pork
Coconut Rice:
2 cups Long Grain Basmati Rice
1 can full fat coconut Milk
Salad:
1 lb of carrots (typically a bunch or bag you find at the store)
1/2 a medium to small red cabbage
2 tbs of Cilantro (only need to buy one bunch that can be used across the meat balls and salad)
Dressing - Makato Original Ginger Dressing
Edamame - Melissa’s Steamed Edamame
Step by Step: Vietnamese Herbed Meatballs
Set your mise en place. Get all your ingredients and tools set out. I would recommend chopping your herbs and preparing your minced ginger and garlic at this stage. This will make for easier handling and a more enjoyable cooking process.
Pre heat oven to 425 degrees F.
Rice first - Put your rice in a colander and thoroughly wash. After washing place your rice in pot. Add 2 cups of water and 1 can of full fat coconut milk. Add a hefty pinch of salt. Cover with lid. Set on med high. When rice begins to boil over set to low and let cook until there is no liquid left. When you can see holes in the rice where the steam escaped, that is when you know it is ready.
Meat balls - In a bowl combine ground pork, breadcrumbs, egg, green onion, cilantro, ginger, garlic, salt, pepper, and fish sauce. Use your hands to gently combine all the ingredients. Form about 12 medium sized meatballs. Do not over pack or compress meat it will make for a dense meatball.
In a cast iron skillet or oven safe frying pan add 2 tbs of sesame oil and heat. Once the oil is hot, at least 2 min on med/high heat, add the meatballs to the stovetop. Continue turning meat balls until all sides are nicely browned, about a min or so on each side. Once all sides are brown, place cast iron or frying pan in oven and continue cooking for 15 min.
While meatballs are cooking prepare salad. Using a vegetable peeler create carrot ribbons by continuing to peel away the carrot until you are left with just the carrot nub you were holding on to at the top. You’ll want to peel away the outer most layer of the carrot first, discard those pieces, then continue. Thinly slice red cabbage on a mandolin. Combine carrot ribbons, cabbage, cilantro, a pinch of salt, and dress when ready to serve.
Remove meatballs from oven after 15 min. Let stand to cool for 5 min or so. All components should now be ready to enjoy. If you wish, serve with a side of cold edamame, a wedge of lime, and a bit more cilantro.