The Food Network is snowed in controversy after popular food blogger, baker and CSO (“Chief Sugar Officer”) of the recipe site SugarHero.com Elizabeth LaBau filed for copyright infringement this month alleging the network copied her video tutorial on how to create “snow globe cupcakes.”

LaBau first published the recipe in 2014 and experienced so much acclaim that she posted a one-minute video tutorial to her site last December, which accumulated approximately 5.7 million views on Facebook to date.  The video describes step-by-step how to coat small balloons in sheets of gelatin.  The gelatin hardens overnight into translucent domes which are then placed on top of a regular cupcake frosted with vanilla buttercream and coconut shavings to complete a delectable winter wonderland.

LaBau alleges that three weeks after she posted her video, the Food Network released a similar video on its Facebook page and rebuffed LaBau’s requests for attribution. Although mere lists of ingredients are not protected under copyright law, a video that describes, illustrates or explains a recipe could qualify for protection.  As a result, LaBau’s complaint focuses solely on her video and contends it was willfully copied “shot-for-shot” featuring the same camera angles, colors, lighting, text, and other elements.  The Food Network’s video attracted approximately 125,000 likes and 11 million views.

LaBau seeks monetary damages for lost profits, emotional distress and an injunction prohibiting the Food Network from further dissemination of its video.  The Food Network has yet to publish an official response.

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