No ‘foodie’s’ social media channel would be complete without photographs of the last great culinary creation they enjoyed but some chefs are complaining that the practice damages their intellectual property.
Sharing food photographs taken in restaurants has now become so prevalent that more than 50 million such images are being shared every day in the US on Instagram alone, while we are not far behind here in the UK.
However, some chefs in France and America are so worried about the trend that they have included a “no camera” policy on their menus, saying that taking photos of their lovingly-prepared dishes takes away some of their intellectual property.
They argue that publishing photographs of a food ‘creation’ without consent on a public forum contravenes copyright law, while other chefs believe that the trend has boosted the dining experience and business in general.
One who welcomes photos of his food on Facebook and Twitter commented that the chefs complaining about breaches to their intellectual property are fighting a losing battle, as food or food ideas cannot be copyrighted.
This is true from a legal point of view, as a food creation is hard to substantiate as a protected “work”, and while a chef may often be described as an artist, the culinary ‘arts’ do not enjoy the same protection as the more traditional kind. Moreover, as far as intellectual property is concerned, the copyright actually belongs to those taking the photos rather than the chef or the restaurant owner.
The chefs who are upset about the photographs are also fearful that someone else might steal their culinary ideas. However, there have been no claims yet by restaurateurs who believe their dishes have been devalued by exposure on social media.