By: Meagan Elise Vianello | Valparaiso University Law School
The newest trend gaining popularity in the world of social media is amateur food photography, also known as “foodstagram” or “food porn.”[1] Food porn is the visual experience of something that other people can smell and taste. [2] Such activity is embraced by those who wish to document their restaurant experiences on Facebook, Instagram, and Twitter.[3] In addition to these sites, amateur food photography can be viewed on blogs, such as Foodie.com and Ramentology.com.[4] Also, for those enthusiasts who wish to experience food porn from behind the camera, Whole Foods has offered classes in “iPhone food photography” so that photographers can learn how to perfectly capture their plates. [5]
However, with this growing popularity comes a growing concern among chefs that food porn infringes on their intellectual property rights. [6] In 2013 Germany’s highest federal court lowered the threshold of originality traditionally required for copyright protection in the “applied arts.”[7] The court held that for carefully arranged food, the cook is regarded as the creator of a work and permission must be given before photos are made public; otherwise, violators could face a copyright warning notice. [8] Could a similar law apply under U.S. copyright law?[9] The following will discuss whether copyright law could extend to food porn in terms of protecting chefs’ intellectual property rights.
See more at: http://www.natlawreview.com/article/your-eyes-only-protecting-ip-rights-foodporn#sthash.fdYO2RoE.dpuf