Legal Question in Intellectual Property in Florida
Food recipe's
I have written and archived in a computer database many food recipe's. I used these recipe's at my former restaurant where i was executive chef and general manager. I brought these recipe's with me when i obtained employemnt. They are clearly written with portions, instructions and all are archived as written by me and printed for use in the restaurant. I have left that restaurant and am curious as to my rights of ownership, compensation and the continued use by my former employer
1 Answer from Attorneys
Re: Food recipe's
Mere listings of ingredients as in recipes are not subject to copyright protection. However, where a recipe is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection.
However, despite whether your recipes qualify for copyright protection does not prelude your former employer from actually using them to cook food based upon these recipes. Unless you have something to the contrary in writing, you would not be entitled to compensation for your former employer's use of them.