Is Food Art? The Copyrightability Of Food

Law360, New York (June 11, 2012, 12:54 PM EDT) -- Is food “art”? It can be. Artistic — even decadent — dishes date at least as far back as the dinner parties of the ancient Roman aristocracy. A known 16th-century amusement in England was to have live birds fly out of a baked pie, and we often refer to the “culinary arts” today. For our purposes, what we mean: Is food legally protectable as copyrighted art?  May food companies and chefs claim this type of protection over their tasty creations?


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