of others, choosing the sequence of the recipes, the layout and even images to make the book more appealing, are sufficient elements to create a work that can be protected by copyright, as a compilation or creative database. If no images are used, it will be a work of the literary domain. If images, namely appealing photos are used, it will be both a work of the literary and artistic domain. If it is an interactive digital book, where cook shows or documentaries, and gastronomic critics appear, and the user can choose the path within the work, it can be a multimedia work. But a book about the hundred ways to cook pasta can also be protected by copyright, because there is a space of freedom and the author can make choices, even if the author is not a well-known chef or cook. Copyright also protects the so called “small change” (Kleine Münze), works where originality exists because the work is not commonplace, trivial, being the result of free choices of the author. There are menus or titles of dishes that deserve protection by copyright, because they have “originality” in the above-mentioned sense.19 Also, given the ever-growing culinary obsession for food in the form of culinary shows, food blogs, omnipresence of the social media “foodie” culture, the question of protecting recipes is becoming increasingly relevant. Recipes may or may not be protected by copyright, depending on the type of recipe. In most cases they don´t deserve protection because they are just a set of ingredients and instructions to follow to get the result, the dish, or the cake (that are also too trivial and don’t deserve protection, as a rule). But there are recipes that either by the way they are written, or by the complexity they present, or because of both, deserve protection also by copyright. We are thinking of recipes that are in romances, or novels, or written in a poetic way. They can be protected as literary works. But let’s address the recipe itself. Recipes of complex signature dishes, created by chefs, that have a complex architecture to reach the dish (e.g., “Viaje a la Habana” or of “Menestra de verduras en texturas”, culinary works already considered classics, the first by the brothers Roca, the second by Ferran 19 Thought in Portugal, according to Article 4 of the CDADC, the protection of titles is more demanding. Article 4 (Title of the work) “1 - The protection of the work extends to the title, regardless of registration, if it is original and cannot be confused with the title of any other work of the same genre by another author that has been previously disseminated or published. 2 - These requirements are deemed not to be met: a) Titles consisting of a generic, necessary or usual designation of the subject or object of works of a certain genre; b) Titles consisting exclusively of the names of historical, historical-dramatic or literary and mythological characters or the names of living personalities. 3 - The title of an undisclosed or unpublished work is protected if it fulfils the requirements of this article and has been registered together with the work.” 225 HOW TO PROTECT FOOD PRESENTATION BY INTELLECTUAL PROPERTY
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