TechDirt: Germany Says Taking Photos Of Food Infringes The Chef's Copyright

Posted by Soledad Vega on Fri, 08/21/2015 - 16:32

Who hasn't taken a photo of a tasty-looking meal and shared it? I'm afraid, those days might be over in Germany, here comes the copyright. 

Article by TechDirt

Over the years, Techdirt has had a couple of stories about misguided chefs who think that people taking photos of their food are "stealing" something -- their culinary soul, perhaps. According to an article in the newspaper Die Welt, it seems that this is not just a matter of opinion in Germany, but established law (original in German):

In individual cases, shared pictures may be illegal. At worst, a copyright warning notice might come fluttering to the social media user. For carefully-arranged food in a famous restaurant, the cook is regarded as the creator of a work. Before it can be made public on Facebook & Co., permission must first be asked of the master chef.

Apparently, this situation goes back to a German court judgment from 2013, which widened copyright law to include the applied arts too. As a result, the threshold for copyrightability was lowered considerably, with the practical consequence that it was easier for chefs to sue those who posted photographs of their creations without permission.

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