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Re: Re: Re: Re: Re: RECIPE COPYRIGHT LAWS[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ] 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
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