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May 24, 2021

Comment: Chef’s Art – Protecting Food Plating Under Copyright Act

Author: Intern - Yash Raj

Food appearance and layout, food items and banquet spreads have been subject matter of various artworks such as in famous paintings like Anne Vallayer-Coster’s 1781 Still Life with Lobster, Giuseppe Arcimboldo’s 1573 Summer, etc. However in the modern world, evolving from this conventional form of art, is a Chef’s art of food presentation on a plate.

Nowadays dining at any gourmet restaurant not only involves eating good food but it also involves the overall dining experience which depends on many factors. Among these, one of the most important factors is the presentation of food, so as to make an appetizing immediate impression, possibly even leave a lasting impression on customers. A Chef at such a restaurant may strive to create with utmost precision and perfection, an artistic presentation of dishes before serving them. This presentation likely involves the choice of colour combinations along with layering, textures and placement, which calls upon ingenuity, aesthetics, labour and skill on the part of a Chef. The same can be sought to be recreated by the Chef and he/she should be able to protect it from reproduction by any other person and ensure exclusivity in it. A photograph of such a dish can no doubt be accorded copyright protection, however, the presentation of food on a plate, being something which is intended for consumption, raises the pertinent question of its copyrightability.

As per the idea/expression dichotomy, copyright does not exist in mere ideas rather it exists in the original expression of ideas. Presentation of food on a plate can be said to be an expression of a Chef’s idea to showcase a particular dish with the use of his/her intellect and creativity.

The Copyright Act, 1957 confers protection to original artistic works under Section 13(1)(a) and as per Section 2(c)(iii), “artistic work” means “any other work of artistic craftsmanship”. So, for a Chef to claim copyright protection over his/her presentation of food on a plate, there must be evidence of sufficient creativity to qualify the originality standard. Also, the presentation of food must be unique and should involve his/her skill along with the artistic precision of arrangement or presentation of food on the plate. This would make food plating qualify as an original artistic work and hence, capable of protection under the Copyright Act. The author believes that providing copyright protection to food plating not only ensures that a Chef’s art is rewarded by helping get rid of knock-offs and safeguard the exclusivity in his/her artistic dishes but it also fosters creativity in the food industry.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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