Are Food Recipes Protected By Copyright?

When a chef develops a menu for a new restaurant, can the chef or the restaurant protect the recipes under copyright laws?

In a word, no. As a federal judge in Ohio recently explained, copyright protects the particular layout of a recipe in a published recipe book, or the photos that accompany the recipe. But copyright does not protect the idea or instructions that the recipe embodies.

In the case, two Cleveland restaurateurs opened a pair of restaurants serving casual fare like sandwiches, pizza, wings and salads. After three years, the founders split. The departing founder soon opened his own restaurant serving similar menu items. The remaining founder sued the departing founder, bringing claims of copyright infringement, breach of contract and misappropriation of trade secrets, among other things.