Re: Re: Re: Re: Re: RECIPE COPYRIGHT LAWS
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Posted by M Arthur Auslander on January 15, 2002 at 23:10:57:
In Reply to: Re: Re: Re: Re: RECIPE COPYRIGHT LAWS posted by Rose Blessing on January 15, 2002 at 09:19:52:
: I'm not a lawyer but a writer. Your problem is very interesting.
: From my sporadic and limited studies of copyright law, it appears to me that if your recipes are not written down or otherwise recorded in a tangible medium, you don't have a copyright issue at all, because copyright protects only things that have been published or captured in a tangible medium (and then only some of those things). Until technology progresses much further, your head would not count as a tangible medium, I don't think!
: (You can look up a quick summary of what copyright covers at http://www.loc.gov/copyright/circs/circ1.html#wnp). Also look at Stephen L. Anderson's nicely written answer to Joanne Schum on Jan 8, 2002 in reply to "Copyright and Recipes" in this forum.
: So the copyright laws would be of no help here. You'll have to look elsewhere for support, it appears!
: Can the boss tell you legally to "hand over" the recipes? You might want to try some restaurant forums--I bet you are not the first one to run into this. You might find career advice as well as legal.
: From another perspective, as career advice: If you keep the recipes to yourself, you are perhaps creating a reputation for yourself as not a team player . . . i.e., not giving your all for the success of the enterprise you are working for. That reputation might follow you if you are in a small community . . . you would have to weigh that against what your market value is if you are known as someone who has a few great recipes and hiring you is the only way to get them . . . I don't know much about the restaurant industry and whether that's a common way to go about being a chef or not.
: Good luck in making your decision whether to "cooperate" or not.
Dear Rose Blessing,
It is really adviseable to find an IP lawyer you can trust. One must understand for instance that a copyright on a recipe only protects the expression of the words, not the content.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
Old Copyright Forum