The basic principles of protecting culinary copyright

For a chef, a recipe isn’t any different from what a book is to a writer: it’s a unique, important piece of personal property. But can this intellectual property be protected by a copyright? Here’s a quick guide.

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Copyright law offers protection to authors or creators of original works, such as musical or literary works, in a tangible form. In principle, recipes—while they can contain plenty of text and information—cannot be protected by copyright because a recipe only contains the name of ingredients with specific proportions as well as instructions on making a certain food product. Those instructions are neither original nor individual, and they don’t qualify as a work of art.

The truth is many recipes don’t qualify for copyright protection, as the law doesn’t provide protection for basic facts, processes, and procedures. Now, a cookbook or a group of recipes might qualify for copyright as a compilation, even though its individual recipes don’t qualify for protection on their own.

Note, too, that copyright protects only the recipe’s text—this means one cannot offer a verbatim or significantly similar copy of a copyright-protected recipe in one’s own cookbook or website without the permission of the copyright owner.

There are many more principles that govern so-called culinary copyright. Among them is the fact that copyright doesn’t at all prohibit anyone from cooking or preparing the recipe, even if the dish is offered for sale. It might be an altogether different situation if a recipe is protected by trade secret or by patent, as well as a prevailing contract.

Michael E. Melton is a lawyer and consultant at IP Counsel Consultants, where he advises clients on the licensing, acquisition, and management of intellectual property assets and expert witness testimony. He is an alumnus of the University of Missouri, graduating with a bachelor’s degree in Electrical Engineering in 1981, and a juris doctorate in 1984. Learn more about his work on this page.

How to protect your music online with copyright laws

Musicians must share their music online not only for revenue, but for global exposure as well. Unfortunately, they face the possibility of their music being used without their permission. Here are some original compositions can be protected with copyright laws.

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Write and record your own music. You are only eligible for a copyright as soon as you record and write your music in a tangible expression or medium. You cannot gain copyright if you do remixes of another artist’s song and claim the new version as your own.

Always write down or attach the copyright symbol and warning. People will know that your music is copyrighted as soon as they see the copyright symbol or phrase attached on your page. For sound recordings, you can use the letter P within the circle as the symbol, with the year it was first published. If you wrote the music, use the letter C within a circle and include when it was published or released, along with your name as the composer or copyright owner.

Register your copyright online. You can register your music through the eCO website. Create an account and view the PDF tutorial that will familiarize you with the entire registration process. Registering online is not only faster, it also cheaper than registering through a paper application.

Michael E. Melton is the Founder and President of MEM Enterprises Group, which owns, operates, and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. Mr. Melton has been a lawyer and consultant at IP Counsel Consultants since 2002. He provides advice to clients on the licensing, acquisition, and management of intellectual property assets and expert witness testimony. For more articles like this, visit this page.

The advantages of experiencing different cultures

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A lot of tourists complain about culture shock as soon as they land in another country. But it isn’t as bad as they often think. Being able to adjust to other people’s customs and way of life offers tons of benefits to your better understanding of the now-global world.

Traveling is a great way of seeing things from new perspectives. People go by different behaviors, lifestyle, and social norms. As you witness how another group of people live their lives, you learn to better appreciate their situation and change your personalities to cope. This process of adapting allows you to be more empathetic, sensitive, and understanding.

On a more basic sense, other cultures allow you to learn new languages. It’s always a plus to speak or be able to at least understand another language, especially for native English speakers. Languages make people feel more interconnected as human beings; to truly become global citizens , learning another language is a key first step.

Moreover, as you experience different cultures, you gain knowledge of new skills and frames of mind that are unique to particular places: from biking and mountain climbing to not being dependent on cars and smartphones. In fact, being open to other customs can lead to alternative and healthier lifestyle options.

Because encountering culture is ultimately not just about the understanding it but embracing it. And being able to truly integrate is to do things the way the locals do, even if it’s initially discomfiting. There’s much truth in the saying, “When in Rome, do as the Romans do.”

Michael E. Melton is the co-founder of the Culturfied Foundation, a nonprofit that develops and conducts programs to expose children to the different cultures of the world. The organization works with embassies, the United Nations, and local school systems. For similar reads, visit this blog.

Restaurant IP rights: Basic things you need to know

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Fraud is a much easier act these days, thanks to more sophisticated technology and a whole underground industry built to steal personal information, intellectual property, and anything lucrative that criminals can lay their hands on. In the restaurant world, a trade secret contained on a thumb drive can cost someone hundreds of thousands to millions of dollars – making intellectual property safeguards a top priority.

A famous example would be New York pastry chef Dominique Ansell who, in 2013, created the Cronut, a hybrid between donut and croissant filled with cream. He registered a federal trademark for the name of the baked goodie, which prevents other bakeries from selling similar pastries under the same sensational name. Other restaurant owners, however, are not quick to make the same move as far as their brand, recipes, and inventions are concerned.

Intellectual property in the restaurant industry involves one’s name and brand, which can be protected by a trademark. These kinds of trademarks provide protection for a brand and are the prime ways that restaurants shield this information. Added protection can be sought when the trademark is registered with the U.S. Patent and Trademark Office.

It also covers one’s recipes, which cannot be protected by either a trademark or a patent and remain part of trade secrets. These trade secrets govern anything from customer lists, know-how, processes, and other items. The only way they remain part of a restaurant’s intellectual property is to stay secret. This can be done by having employees and vendors sign non-disclosure agreements, and distributing pieces of the trade secrets across various parties such that one party alone cannot assemble them all.

Michael E. Melton is the founder and president of MEM Enterprises Group, which owns, operates, and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. Mr. Melton has been a lawyer and consultant at IP Counsel Consultants since 2002. For similar reads, visit this page.

Key figures in history who’ve overcome childhood adversity

Many lists online feature current celebrities and pop culture icons who’ve risen from poverty or overcome various forms of trauma as a child. Below will look instead at three influential figures in history who’ve made a huge impact on society or have led to making the world a much better place.

Albert Einstein

The famed physicist who was to change the way the world looks at science had struggled through delayed development and speech defects as a child. His parents noticed that he would display weird tendencies, like speaking words to himself first before uttering them aloud. He generally learned to speak more slowly than any normal child. In fact, one of his early schoolmasters had sent him home while other teachers had surmised that he wouldn’t amount to much. Einstein proved them all wrong.

Narendra Modi

Indian Prime Minister Narendra Modi is considered the 13^th most influential people in the world. But he grew up in poverty and without many privileges, being one of six children growing up in Northern India. He belongs to the Modh-Ganchi, considered one of the backward or disadvantages castes in the country. He started working even before going to school.

Benjamin Franklin

The celebrated American inventor is truly one of the founding fathers of the United States. He is one of a whopping number of 17 children, which forced him to drop out of school by 10. He then worked as an indentured servant at a printing shop. Franklin would rise above all this to develop the modern concept of the Daylight Savings Time, as well as creating bifocals and promoting public health. It’s amazing that he would later be among the co-signatories of America’s Declaration of Independence.

Michael Melton is the co-founder of the Culturfied Foundation, a nonprofit that develops and conducts programs to expose children to the different cultures of the world. The organization works with embassies, the United Nations, and the local school systems. For more on Michael’s work and advocacies, go to this webpage.