Delicious Plagiarism
Copyright and plagiarism have always been two concepts where we teeter on understanding and confusion. I would assume this is a normal and common occurrence for most people because laws change (without public notification) and the extent to what we deem is up for ownership also changes. So for now, like “A Fair(y) Use Tale” describes, we recognize that books, music, film, and image can be copyrighted but as far as the ideas behind those mediums, they are up for grabs. For the most part, this sounds nice, that ideas cannot be owned and therefore there aren’t limits on who can use those ideas. The problem arises when the ideas are sort of stellar enough to be used in a way that could incite recognition or praise from another. Then we are quick to say, “That was MY idea.” But if we are still defining copyright in terms of the medium, what happens when a transgression occurs and it is not in one of the established media formats?
For two Top Chef: All Stars contestants this issue arose in the form of “Oystergate 2011.” Richard brought along a notebook of recipes and ideas (Although I do believe this is against Top Chef rules) that he happened to share with Mike one night. During the next morning’s challenge, one of the ideas from Richards’s book made its way onto Mike’s station. He actually ended up winning the challenge.
So, there are several things to consider here:
- Does actively choosing to share your idea with someone act as implied permission for that the other person to use and refashion your idea? In this case, Mike was not secretly reading through Richard’s notebooks.
- I would imagine that every good or great chef tweaks recipes slightly to make them their own. Burgers are nothing new, but of course you have had different tastes and qualities. Perhaps, because the burger isn’t considered fine dining or has become so common place, we don’t mind the constant idea stealing. Mike did not copy Richard’s recipe exactly as it was. While it’s clear that he didn’t come up with the basic idea on his own, does creating new flavors and presentation make it something new and unconnected to the original?
- Of course, there is the obvious issue of economic gain. In this case, Mike did win $5,000 for this particular challenge. Had the dish been terrible, would Richard have been so upset?
Top Chef contestants Carla and Tiffany, shocked, when they hear of Oystergate.
It’s also worth mentioning that when the other chefs found out about this recipe mishap, the majority of them were appalled, going so far as to call this “Chef Law” and “Chef Code”—stating that taking someone else’s recipe or idea is “something you just don’t do.” (Gasp!)
Although, it’s my personal opinion, that Mike was not at fault because there is no way to determine that Richard was the original holder of the idea, I do think the bigger issue up for debate here is whether or not we need to start expanding our definitions for copyright. Many chefs consider their work just as artistic or poetic as a painter or writer, so should they have some form of protection? It exists for major food giants I suppose in trademarks, but can we make tastemarks?
Recipes can indeed be copyrighted, according to the US Govt. Copyright site: http://www.copyright.gov/help/faq/faq-protect.html – not a list of ingredients, but the actual directions. And I think if Richard used Mike’s presentation, then he did infringe copyright.
I love the word “Tastemark”!
tastemark – very clever. so, my response to “Does actively choosing to share your idea with someone act as implied permission for that the other person to use and refashion your idea?” YES. this capitalism at work – seeing/reading/hearing a good idea and running with it. countless ideas have been co-opted from weak competitors by their powerful, cunning, and ambitious cohorts. obviously mike is in the later category.
Yvonne, that sounds so brutal. This is kind of what I said on Aline’s blog about the woman who blatantly stole someone else’s recipe: forget the law–what about integrity? At the same time, I read an article that talked about the “rights culture.” And I think this idea of “owning everything” is to some degree getting out of control. We can’t copyright everything we do and say. So I’ve contradicted myself.