[A2k] CIP: Food for thought

[Manon Ress]

from the inaugural issue of the Center for Intellectual Property
Newsletter.
(also mark you calendar for the Seventh Annual Intellectual Property
Symposium MAY 21-23, 2007, Copyright Utopia: Alternative Visions,
Methods & Policies, UMUC Inn and Conference Center, Adelphi, MD)


Executive Director's Corner
by Kimberly M. Bonner

Food for Thought

I had lofty ideas of writing my inaugural column on some hard-core IP
policy subject. Perhaps I would discuss the problems of broadcast
flag legislation or the Copyright Modernization Act of 2006. Perhaps
I would discuss Ninth Circuit Court Jedge Alex Kozinski's argument
that fair use should be dumped in favor of awarding damages for
derivative uses. Ah, the choices; oh, the conflict.

Then, to my surprise CIP=92s Assistant Director, Olga Francois, e-
mailed me a story. Not any old story like The Cat in the Hat or The
Three Little Pigs. Far worse, this story was not fiction, but a real
=93news=94 story about the cut throat world of...high priced chefs in
upscale trendy restaurants. The article, in Food and Wine magazine,
discusses a matter that has become all the rage in culinary circles=97
copyrighting and/or patenting cuisine. Are you gasping for air (or is
that just your stomach growling)?

I know. I know. You are saying to me right now, =93Clearly, you jest,
Kim!=94 =93No, you can=92t be serious.=94 =93Why that=92s absurd!=94 Well, =
read it
and weep, moan or whatever you do to express grief. In my family, we
eat under duress, and that may not be a bad idea, since right now a
meal at Busara=92s is presently in the public domain. (see: New Era of
the Recipe Burglar)

According to the article, =93some influential people are now talking
about changing the copyright law so that chefs own their recipes the
same way composers own their songs. Under this plan, anyone who
wanted to borrow someone else=92s recipe would have to pay a licensing
fee.=94 Chefs are analyzing how to protect their creations due to
controversial copying by high profile chefs who are not only
reproducing recipes but also the presentation.

Some very creative chefs have already taken matters into their own
hands. Chef Homaro Cantu of Moto restaurant cooked up a legal
disclaimer. He placed the following language on a tiny sheet of
edible paper that tastes like cotton candy:

Confidential Property of and =A9 H. Cantu. Patent Pending. No further
use or disclosure is permitted without prior approval of H. Cantu.
Yes, I know your mind is spinning with the endless possibilities of
copyrighting a recipe as expressed in food. Will my organs and cells
be enjoined from =93further use=94 via digestion because I have not
obtained prior approval of the chef/owner? Eventually, the food will
exit the body (in some fashion). So, is that an illegal distribution
or a derivative work? Will the legal creativity never cease?

Greater minds than mine, no doubt in a law school classroom, will
pick apart the details of this novel concept. That is not my purpose
here. I simply want to highlight a story that is symptomatic of the
times. These are times when various sectors of society are focused on
expanding property rights in information and creative works in order
to create wealth and possibly stifle competition.

But the question must be asked: What are the costs to society if
works and creations generally thought freely available in the public
domain are protected legally and technologically? Higher education
certainly must address this issue since the building blocks of
education=97ideas, facts, concepts and theories=97must be accessible in
order for quality teaching, learning and research to flourish.

The Center for Intellectual Property will keep you apprised of these
times and inform you about trends in the ethical and legal use of
creative works and information. In coming issues, this Newsletter
will provide legislative updates, scholarly information, and news you
need to know and will update you on the Center=92s work and educational
programming.

Until the next issue, begin doing a recipe permissions inventory for
your next party. One never knows what the future holds.





Center for Intellectual Property
email: cip@umuc.edu
phone: 240-582-2803
web: http://www.umuc.edu/cip

************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
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