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Creativity without LawChallenging the Assumptions of Intellectual Property$
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Kate Darling and Aaron Perzanowski

Print publication date: 2017

Print ISBN-13: 9781479841936

Published to NYU Press Scholarship Online: September 2017

DOI: 10.18574/nyu/9781479841936.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 20 October 2019

Norms-Based Intellectual Property Systems

Norms-Based Intellectual Property Systems

The Case of French Chefs

Chapter:
(p.17) 1 Norms-Based Intellectual Property Systems
Source:
Creativity without Law
Author(s):

Emmanuelle Fauchart

Eric Von Hippel

Publisher:
NYU Press
DOI:10.18574/nyu/9781479841936.003.0002

The creations of many chefs are undoubtedly innovative. But not all valuable creativity finds a home in the IP system. Copyright law has been reluctant to embrace culinary creations, considering them unprotectable methods or processes, or perhaps useful articles—items with intrinsic utilitarian functions. Emmanuelle Fauchart and Eric von Hippel’s research documents the system of social norms among a sample of accomplished French chefs. Recognizing the value of the recipes they develop and their limited legal recourse against copying, these chefs have developed and enforced a set of strong implicit social norms that enhance their private economic returns from their recipe-related creations and maintain strong incentives for innovation in the kitchen despite the unavailability of legal exclusivity.

Keywords:   intellectual property, law, norms, economics, creativity, recipes, chefs, cuisine, community, incentives

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