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Plagiarism is nasty business. Not only does it presume willful lifting of another’s work; it suggests a larger taint on one’s character.

But what about plagiarism’s kinder cousins?

Adapting and deriving, for instance, are far lesser crimes ”“ if they’re crimes at all. And what of the attribution that’s simply unknown or plainly wrong?

Nowhere are these issues more clouded, absurd, or intriguing than in the kitchen.

Take the case of my mother’s Chocolate Angel Pie, a mousse-like concoction that sits in a billowing meringue shell. When I was growing up, that pie was linked with my mother. It was “her” pie. Not that she claimed its authorship, but she was its leading purveyor.

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Actually, I think the recipe came from a package of Baker’s Chocolate. But no matter: This is the stuff of which family legends are made, and who in the family would dare quibble? 

Besides, not everyone could master this delicate confection.

As time went on, the recipe filtered down to us. My brother and two cousins became the next generation of bakers, each working with the same instructions. Somehow, though, none of the pies turned out the same.

My brother was the only one who accurately reproduced my mother’s efforts. He got all of the highlights ”“ taste (semi-sweet), texture (finely whipped), and color (deep taupe). My cousins, though excellent cooks, made great-tasting facsimiles that were decidedly wrong. One was too pale next to the hearty tone of the original; the other was flecked with chocolate bits, textured beyond the recipe’s scope.

These are hardly criticisms of a pie that can’t be ruined, but they illustrate an odd fact: Three attempts to quote an original source can lead to three distinct results. Despite the use of identical ingredients, and the same formulation, my cousins’ pies were more paraphrase than quote ”“ delicious approximations, not replicas.

Of course, my mother would have been pleased by all of these efforts, their intent so obviously flattering. If asked, she might even have coached the aspiring imitators. But in the annals of replication, only my brother has ever succeeded in baking a true copy. Our cousins are, alas, failures in the art of theft.

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At some point, it seems odd to attribute three different pies to one recipe. Yet it was that one recipe that led three cooks down different paths.

Whose pie is this, anyway?

In my view, it was my mother’s pie by way of a recipe that she found. Chances are, she altered some detail or other, and the resulting pie was the one with her moniker. That’s how many family recipes come into being ”“ verbatim, with a little tweaking.

But given the real differences between the original pie and these failed wannabes, why shouldn’t my cousins claim their versions to be their own? 

This would hardly be plagiarism; if anything, it would be a show of deference ”“ an acknowledgment that not all Chocolate Angel Pies are created equal.

In the end, the origin of a pie is of little consequence, except for the matter of bragging rights. Within families, those rights escalate into stories, then legends, and the recipes become a shorthand between generations. It is unlike the commercial world, where a recipe may be one’s trademark and its theft the grounds for litigation.

Fortunately, most pies are made to be eaten, not chewed on by the law.

— Joan Silverman is a writer in Kennebunk. This article appeared earlier in The Fort Worth Star-Telegram.



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