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Title: Copyright in food pictures Post by: stuving on August 25, 2015, 10:21:42 For those of you who take pictures of meals, and even post them here or elsewhere, here's a warning from The Local Germany (http://www.thelocal.de/20150813/food-porn-can-land-you-in-trouble-lawyer-warns):
Quote Instagrammers and foodies beware: snapping pics of scrumptious snacks in Germany could leave you facing a lawsuit for copyright infringement by the chef, a lawyer has warned. #FoodPorn is a widely recognized tag on social media for ridiculously mouth-watering food images ^ but according to a report by Die Welt, food bloggers across Germany could find themselves up against the law when they photograph and upload their meals. A 2013 Federal Court of Justice ruling expanded copyright protections to apply to elaborately arranged food, making it the artistic property of its creator. That means that anyone wanting to post a pic of the work of culinary art may have to ask permission first. "An elaborately arranged dish in a restaurant can be a copyright-protected work," explained Dr. Niklas Haberkamm, partner at corporate law firm Lampmann, Haberkamm & Rosenbaum (LHR) to Welt. "In such a case, the creator of the work has the right to decide where and to what extent the work can be reproduced," he said. The aim of copyright is to protect an individual creation. And it doesn't matter whether the action ^ for example; reproduction, propagation, or making an image publicly available ^ is intended for commercial use or not, reports Welt. German legal services website Anwalt.de wrote in a post about food porn on Thursday that whether a meal is considered art depends on the advanced level of the meal's design, so snapping a selfie with your French fries from a food stand is not going to be the problem - it's when you go to more refined, world-rated establishments. In theory, punishment for infringement of copyright could be serious with out-of-court settlements potentially exceeding hundreds of euros. And if court proceedings are brought against an unlucky photographer, the costs could be in the thousands. Until now, no case has actually been recorded of a chef or restaurateur filing a complaint for infringement of copyright. But it could well happen sooner or later, reports Welt. This seems to only apply in Germany, and even then only in legal theory. But it may spread. You might expect it to have started in France, home of the cook as artist and national champion, and of droit de suite, but I've just seen it reported with some amazement (and amusement) on French TV. We'll see if anyone wants to pursue it there. Without knowing anything about the case the court's ruling applied to, it is hard to know if this is over-reported or a real case of lawyers being silly, as it appears. I suspect another instance of judges forgetting that making laws is someone else's job, and: "It's disgraceful! There ought to be a law against it!" "Well, there isn't." "But look - if I stretch this law over here really, really, hard it will just about reach without going ping!" The alternative of too much listening to Goon Shows is less plausible. Title: Re: Copyright in food pictures Post by: TaplowGreen on August 25, 2015, 10:26:22 ...........have there been any examples of revenge food porn yet? ;D
Title: Re: Copyright in food pictures Post by: bobm on August 25, 2015, 10:27:35 ... have you seen my cooking? ;D
Title: Re: Copyright in food pictures Post by: JayMac on August 25, 2015, 11:35:46 Surely copyright can only apply to permanent works.
But then I suppose the lawyers might seek prosecution for wilful destruction of the 'art work' by eating it. Also, a photo of a food dish is not a copy of that dish. You can't eat the photo. Well, you could try, but it's doubtful it'll taste anything like the original dish. Some brief online research suggests, for the UK, prepared dishes are not copyrightable. Recipes may be, but only their written form, not the end product. Methods of production of a dish may be patentable if they are unique. Such as some of the highly technical/scientific methods and equipment used by food onanist (personal opinion) Heston Blumenthal. Suggest Lighter Side or And Also for this thread. Title: Re: Copyright in food pictures Post by: Chris from Nailsea on August 28, 2015, 00:09:12 Suggest Lighter Side or And Also for this thread. You're quite right, bignosemac - I've moved this topic accordingly. ;) Title: Re: Copyright in food pictures Post by: TaplowGreen on August 28, 2015, 10:24:19 ........I always thought copyright expired upon death..........since any of the animals featured on the plates in such photographs are dead (....one would hope?), there should be no problem with m'learned friends? ;)
Title: Re: Copyright in food pictures Post by: bobm on August 28, 2015, 10:34:24 Suggest Lighter Side or And Also for this thread. You're quite right, bignosemac - I've moved this topic accordingly. ;) Oh I don't know - the amount some of us eat on the Pullman, the "Wider Picture" might have been appropriate! Title: Re: Copyright in food pictures Post by: grahame on August 28, 2015, 10:44:30 Oh I don't know - the amount some of us eat on the Pullman, the "Wider Picture" might have been appropriate! The "lighter side" would only seem appropriate for salads, health drinks ... and not for: (http://www.wellho.net/pix/thymeout.jpg) Thyme Out Cafe, Weymouth, last Saturday. A change to rest shaky legs after the journey from Swindon on which I was more standing that seated! This page is printed from the "Coffee Shop" forum at http://gwr.passenger.chat which is provided by a customer of Great Western Railway. Views expressed are those of the individual posters concerned. Visit www.gwr.com for the official Great Western Railway website. Please contact the administrators of this site if you feel that content provided contravenes our posting rules ( see http://railcustomer.info/1761 ). The forum is hosted by Well House Consultants - http://www.wellho.net |