Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up for Alerts
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Areas of Interest
May 6th, 2024
Recipes for Success: Top Three Considerations for Chefs in the Entertainment Industry
Chefs are expanding their expertise beyond the kitchen to reach wider audiences and explore opportunities in the entertainment industry. As chefs seek to leverage their culinary skills and their personal brand in new ventures, such as television shows, cookbooks, and product lines, this transition comes with its own set of challenges. In this second installment of the Frankfurt Kurnit Hospitality Law Newsletter, we'll discuss the top three considerations chefs should keep in mind as they navigate their success in the spotlight and showcase their talents on a broader stage.
1) Name, Image, and Likeness
Over the years, celebrity chefs have filed lawsuits to address unauthorized use of their names and likenesses and enforce their intellectual property rights. Whether through television appearances or restaurant ventures, a chef's name, image, and likeness serve as essential elements of their brand’s identity. Legal protections, such as trademarks, help establish parameters when considering the risks of unauthorized use of their brand. For example, a chef may license their trademark to a kitchenware manufacturer for use on cooking utensils or appliances for a period of time. Similarly for television appearances, negotiating the terms of use and exploitation of a chef's brand in contractual agreements, such as talent agreements, can ensure that the use of their likeness in connection with the series or any endorsements aligns with their brand’s image.
2) Protect Your Creations
The 1976 Copyright Act protects “original works of authorship fixed in any tangible medium of expression.” However, Section 102(b) of the Copyright Act specifies that copyright does not extend to “any idea, procedure, process, system, method of operation, concept, principle, or discovery.” While Copyright law primarily protects creative expressions, such as literary works, art, and music, it presents challenges when it comes to protecting recipes.
So, are recipes copyrightable? Short answer: It depends.
While Copyright law does not protect a basic list of ingredients, a recipe that creatively describes or explains a chef’s cooking process, along with the list of ingredients, can be protected. Additionally, unique and original recipe compilations, where there is creativity in the selection or presentation of recipes, are eligible for copyright protection as well.
3) Merchandise, Publishing, and Licensing Opportunities
Chefs can often capitalize on their culinary expertise by creating merchandise. In addition, licensing and publishing opportunities allow chefs to authorize third parties to use their brand on various products or services in exchange for compensation. This can include cookbooks, kitchenware, apparel, and more. Taking steps to solidify ownership and trademark their brand provides a chef leverage to negotiate favorable terms, including, for example, royalties and usage rights, in publishing and licensing agreements.
Overall, expanding into the entertainment industry offers chefs exciting opportunities for growth and exposure. These legal protections, which are not an exhaustive list, can help chefs transition into the entertainment industry while safeguarding their brand.
The Frankfurt Kurnit Hospitality Law Group represents many chefs and restaurateurs in their media and entertainment ventures. If you’re a chef or restaurateur and you have any questions about how to take advantage of opportunities in the entertainment industry, please contact Marlique Plaisime-Tillman at (212) 991-2033 or mplaisime@fkks.com; Lisa E. Davis at (212) 826-5530 or ldavis@fkks.com; or any other member of the Frankfurt Kurnit Hospitality Law or Entertainment Groups. Read the first installment of the Frankfurt Kurnit Hospitality Law Newsletter here.
Other Hospitality Law Alerts
Online Coffee Retailer Defeats Website Accessibility Claims in Federal Court
One of the largest areas of current legal exposure for companies arises from their own websites. That’s because over the past several years, plaintiffs have filed thousands of lawsuits alleging that company websites are inaccessible to consumers with visual or hearing impairments—in violation of the Americans with Disabilities Act (ADA) and related state laws. Read more.
October 28 2024
Adapting to New “All-In” Price Laws: Essential Compliance Strategies for the Hospitality Sector
Recently, a new wave of “all-in” price laws has emerged, mandating transparent pricing practices to ensure consumers are fully aware of the total cost of goods and services upfront. For the hospitality sector, where fees and additional charges have long been commonplace, these developments signal a significant transformation. Navigating this new terrain requires keen attention to regulatory and statutory changes and a proactive approach to compliance. Here are some updates to keep in mind. Read more.
August 16 2024
Top Five Legal Considerations for Those New to The Restaurant Industry
Opening a restaurant can be an exciting venture, filled with the promise of creativity, community, and culinary delights. For investors, there is the allure of high returns and a tangible, enjoyable product. However, it’s also a business that operates under a complex web of legal regulations with potential pitfalls for restaurateurs and investors alike. To help those new to the industry, we have compiled a list of five key legal considerations to keep in mind when either opening or investing in a restaurant. Read more.
July 1 2024
