about the requirements for protection of works of applied art, designs, and works of design in the EU. This means that until now, the EU Member States have been deciding according to national law traditions. In fact, there has been no harmonization, despite the Cofemel ruling.17 Besides satisfying the above mentioned four requirements, the work is only protected if it is a work of the literary, artistic, or scientific domain (Article 1, nº1 CDADC). Literary domain means that the work uses a language (e.g., software uses a language), it doesn’t mean that we must be before a work of literature. If the work is expressed through images, textures, colours, shapes, amongst other aspects, and creates an aesthetic emotion of any kind, it will be considered a work of the artistic domain.18 III. COPYRIGHT PROTECTION OF FOOD PRESENTATION IN A BIDIMENSIONAL WAY As we wrote above, there is much interest in gastronomy, which means that there are many cookbooks and e-books, cook magazines and e-magazines, gastronomic guides, cook shows and documentaries that can be considered audiovisual works, and many food photographs or videos in social media. If we want to protect this type of presentation, gastronomy doesn’t present special problems. A cookbook or a cook magazine, a gastronomic guide, audiovisual works related to cooking, or works of photography can all be protected by copyright if the requirements above mentioned meet. For example, imagine the author, a famous chef, decides to create a book or an e-book with his most important signature dishes (in Portugal, the cookbook of Maria de Lurdes Modesto inspired generations). Choosing some recipes instead 17 With detail, see our ROCHA, M. Victória, “PROTEÇÃO AUTORAL DAS OBRAS DE DESIGN NA UNIÃO EUROPEIA APÓS O ACÓRDÃO COFEMEL” RRDDIS- Revista Rede de Direito Digital, Intelectual & Sociedade, V. 3, n. 6, 2023, p. 71-121. 18 The scientific domain, referred to in Portuguese CDADC and other national copyright laws, is criticizable. First because it can lead to confusion. If there is an invention of the scientific or technical domain, it can only be protected through industrial property law, either as patent or utility model, or as a secret of commerce, using the general rules against unfair competition, or referring to law abuse. Copyright doesn’t protect the scientific contents. If someone writes a book about a new cooking device, and doesn’t protect it by industrial property rights, namely a patent, copyright won’t prevent a company from manufacturing that device using the information that is in the book. Copyright prevents the copying of the book’s expression. And the work is a work of the literary domain because it uses language. If the work has images, it can be a work of the artistic domain. It is not a work of the scientific domain. There are very seldom cases of works of the scientific domain, namely diagrams that cannot be considered artistic. For all these reasons we think it would be better if this domain wasn’t referred to in copyright. 224 MARIA VICTÓRIA ROCHA
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