# Right to recipe:



## Agm (Jun 4, 2019)

I got hired to open a new restaurant, but meanwhile I am supposed to be a sous chef at another restaurant they have.

I am being paid as a sous chef (rate) not the rate for executive chef. I am supposed to get a new contract as soon as they “promote” me when the restaurant is ready.

Meanwhile the restaurant I am managing has major issues and gives me no time to create new dishes. I already showed them about 3 dishes, but after constant going back and forth with current problems I put my 2weeks notice in.


They want me to write recipes for them, including a dish I presented on my tasting (which is not even while working with them)

Who has the rights to the recipes? I didn’t get paid for specifically working on recipes since my hands were full dealing with being understaffed and huge load of parties.

Do I have an obligation to give them my tasting recipe? as well as the others?


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## foodpump (Oct 10, 2005)

You were paid by your employer during the time you worked there, using company time, company ingredients, and company equipment to crate said recipes. So yes, your employer “owns” the recipes.

Basically, recipes are a crock of excrement. Change one ingredient, and it’s different. Change one production process and it’s different. And, as you very well know, everyone plates different.

When you leave, the next guy will look at your stuff, decide if s/he wants to use it, if so, will probably change/tweak it, probably will change some ingredients, and definitely change the plating. Next month they’ll probably toss it out and try something else.

Don’t worry and enjoy your new job...


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## sgsvirgil (Mar 1, 2017)

It depends on what country you're in and the intellectual property laws of that country. 

In the US, intellectual property issues such as this can be quite complicated and not very intuitive. For instance, because you used your employer's ingredients to make a recipe on your employer's time does not automatically mean they have exclusive property rights to the recipes. It doesn't mean they can't claim some level of ownership, either. 

Like I said, its a very complicated issue and unless you're talking about recipes worth a lot of money, foodpump is right. Simply change one ingredient and the recipe is different. 

Good luck.


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## brianshaw (Dec 18, 2010)

It’s not a battle worth fighting. Write down what you did for them while they were paying you. Be proud of what you did and don’t bother playing games... it wont do you any good. Not only will it tarnish your reputation but will cause undue stress. Move on; Innovate some more and do something better.


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## Agm (Jun 4, 2019)

Thank you all for your insights! I will write down the recipes.

Hours after posting this I thought it would be best to let it go, and now after reading this... y’all confirmed my thoughts. Thanks!


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## cheflayne (Aug 21, 2004)

Goodatcha! I think you will be happier in the long run by letting go and moving on.

A question i ask myself a lot is "Do I want to be peaceful and serene or is it more important that I be *right*?"

I am much more than a few paltry recipes. Those are just the tip of the iceberg when it comes to this chef.


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## phatch (Mar 29, 2002)

Generally, this falls in the category of Work For Hire and you don't own it. Note case 1:



> The circumstances in which a work is considered a "work made for hire" is determined by the United States Copyright Act of 1976 as either
> 
> (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. (17 U.S.C. § 101) [\quote]


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## sgsvirgil (Mar 1, 2017)

Here is a good article that expands upon the Copyright Act.

https://www.wellsiplaw.com/recipe-copyright-ownership-for-restaurants-and-chefs/


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