Who owns a chef’s work, the restaurant or the chef?
Last spring, just as she made the semifinals for the James Beard Awards for the second year in a row, Butcher & Bee pastry chef Cynthia Wong lawyered up.
“You work your whole life to create a catalog of things that are very stylistically tied to you, so the idea that you pass them up when you leave a job is absurd.”which opened in March The measure of success for a great dish has long been the extent to which it is mimicked. Only in the media-savviest, and often best-funded, stratum of restaurants do chefs claim the privilege of owning a dish. But in an era when Instagram broadcasts ideas across the world and aappearance can help an aspiring restaurateur reel in investors for years afterward, cooks have good reason to tell diners who came up with their favorite food.
The attorney Wong hired, Steven Sidman of Carlton Fields in Atlanta, scoffs at some of the legal language he sees restaurants using. Merely calling a dish a “trade secret” or a “work for hire” doesn’t make either claim legally defensible. On the flip side, he writes in an email, a chef looking for legal protection for her best dishes faces the same problem.
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