An interesting discussion popped up on the internet recently about the ownership of recipes. Most often in restaurants, the head chef is tasked to create the recipes for the menu. The question raised in the discussion was: when a chef creates a recipe at a restaurant, who does it belong to? Who has the rights to it?
In the business world, a software engineer is paid by their company to create something that belongs to the company since the person was paid to produce it. So what does it mean in the restaurant world?
If we look at copyright laws, the courts have ruled that in general recipes cannot be protected by copyright law. The courts have ruled that “the identification of ingredients necessary for the preparation of each dish is a statement of facts.” And also that the directions were not protected by copyright because copyrights do not extend to procedures, processes or systems (source: Paleo Magazine). What can be copyrighted though is any descriptive text associated with the recipe, including illustration or pictures (Source: US Copyright Office), which is how cookbooks can be produced using recipes that have been altered from other chefs.
Therefore, in terms of the law, a chef has no rights to copyright a recipe – but neither does the restaurant. The best advice I’m able to find that protects both the restaurant and the chef is to build in non-disclosure agreements and non-compete agreements into employment contracts. This ensures that both parties have an understanding of what they can and can’t do – such as if a chef leaves a restaurant perhaps it’s built into the non-compete that his/her signature dishes are taken off the menu – or it’s built into the non-compete that a restaurant gets to keep a chef’s signature dishes and the chef cannot take the recipe with him/her. Another thing for all to consider, it’s not the recipe that makes the food so brilliantly, it’s the chef. So while a recipe may stay at a former restaurant, the chef has every opportunity to create something equally brilliant if not more so. And if a recipe leaves with the chef the new executive chef at the restaurant will create something equally brilliant if not more so to replace the former recipe.
FAQs
Chefs don't (usually) own them, either
A chef in a restaurant is typically in a “work for hire” situation. While they may create an incredible recipe, when they make it at work, it becomes the restaurant's property.
Who gets the Michelin star, the restaurant or the chef? ›
But the fact of the matter is that they don't exist: stars are awarded to the restaurant, not the chef. Gordon Ramsey holds no Michelin stars. Restaurant Gordon Ramsey holds three. The reasoning is pretty obvious: different chefs cook at the same restaurant.
Who owns the rights to recipes? ›
Similar to ideas, facts and history, there isn't copyright protection in recipes as mere lists of ingredients. This is clearly stated by the U.S. Copyright Office.
Is the chef the boss of the kitchen? ›
The head chef generally controls the whole kitchen, from managing kitchen staff and controlling kitchen costs to liaising with suppliers and creating the menus.
Who is the chef on Allrecipes? ›
John Mitzewich — aka Chef John — has produced more than 1,500 cooking videos for Allrecipes.
What restaurants are owned by recipe? ›
The Company franchises and/or operates some of the most recognized brands in the country including Swiss Chalet, Harvey's, St-Hubert, The Keg, Montana's, Kelsey's, East Side Mario's, New York Fries, Bier Markt, The Landing Group of Restaurants, Original Joe's, State & Main, Elephant & Castle, The Burger's Priest, The ...
Can you legally protect a recipe? ›
(An unpublished recipe can be protected under trade secret law, but that means all the chefs using it would have to sign nondisclosure agreements or noncompetition agreements, which are not always enforceable). A collection of recipes, as in a cookbook, can be protected.
Does my employer own my recipes? ›
If you created the recipes while at work, the owner of the business owns the recipes. This is the same for any company (creating a product, process, etc.), unless you have a signed agreement that states otherwise. Actually, the default is the other way around in the US.
Which chef runs the kitchen? ›
Executive Chef (Chef de Cuisine, Head Chef)
They are responsible for overseeing all kitchen operations, helping with menu planning, recipe development, and staff management. Executive chefs typically have extensive culinary experience and training, often holding a degree in culinary arts.
What is a female chef called? ›
A chef is a chef, there is no female word for it. If you do your job well then it doesn't matter. When you work hard in the kitchen, it is not about being one of the boys.
Executive Chef (Chef de Cuisine)
This position is the pinnacle of any chef career. An executive chef doesn't spend all their time cooking but manages every operation in the kitchen. There is usually only one executive chef at any restaurant.
Do chefs make their own recipes? ›
To simply answer this question, a chef is an individual who is trained to understand flavors, cooking techniques, create recipes from scratch with fresh ingredients, and have a high level of responsibility within a kitchen. A cook is an individual who follows established recipes to prepare food.
Who makes recipes for restaurants? ›
Most often in restaurants, the head chef is tasked to create the recipes for the menu.
What does a chef own? ›
Some chefs are also independent business owners. For example, private chefs and personal chefs often run their own small businesses. Some chefs are also owners of restaurants and catering companies, so they must manage the business as well as the food.
What do you call a chef who owns a restaurant? ›
A restaurateur is a person who opens and runs restaurants professionally. Although over time the term has come to describe any person who owns a restaurant, traditionally it refers to a highly skilled professional who is proficient in all aspects of the restaurant business. Restaurateur.
An interesting discussion popped up on the internet recently about the ownership of recipes. Most often in restaurants, the head chef is tasked to create the recipes for the menu. The question raised in the discussion was: when a chef creates a recipe at a restaurant, who does it belong to? Who has the rights to it?