Can I Copyright My Candy Art or Cake Art or Other Food?

Can I Copyright My Candy Art or Cake Art or Other Food?

Perhaps you are a cook or baker and have a unique piece of food art that you want to copyright. Perhaps you are creating a cookbook of recipes and want to copyright the recipes. Considering food is a perishable item and the law says you can not copyright perishable items, you may be surprised to learn some of the facts behind food copyright laws.

Copyright Your Work

Here are a few things to remember regarding copyright laws with food and recipes:
• You can not copyright perishable items.
• Food is perishable and not “fixed” for copyright purposes.
• You can copyright a recipe.
• According to US copyright laws as of 2011, in order to copyright a recipe it must

1. Have “substantial literary expression” (for example, an explanation on the
history and importance of the recipe on a certain culture)

2. Be in written form (however, it does not have to be published)

• Recipe copyright laws are not firmly established. It’s common for professional cooks to freely duplicate each other’s recipes with or without attribution.If you are looking to copyright your recipe the meets the two requirements listed, there are costs involved. The process also calls for adequate time and energy.

As an alternative, professionals at offer an affordable, (not to mention safe and secure) easy way for anyone to obtain copyright protection on works. The process will most likely cost you $89.99 (before tax).

Photo via Yaniv Golan on Flickr

This entry was posted on Monday, September 9th, 2013 at 1:04 pm and is filed under Copyright.

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