born thanks to technology (the printing machine by Guttenberg) and evolves every time new technologies appear and give rise to new types of works (the hot trend now relates to artificial intelligence generated works). The culinary world has advanced to such an extent that today it would be difficult not to recognize the creative activity of chefs (and well-known cooks) as works of art and chefs (and well-known cooks) as artists, and thus authors. The food presentation on the plate ought to enter the category of artistic works, because we can consider that we are before sculptural creations. Certain food presentations fit very well in the definition. There are many sculptural artists that use food as their material of choice (as they use trash, plastics, or crochet. In Portugal, well-known Bordalo II uses trash, and well-known Joana Vasconcelos uses plastics or fabrics, namely crochet). Moreover, food presentations are perfectly comparable even to more traditional forms of sculptural works which use wood, stone or metal. It is undoubtful that if certain food presentations were made of such traditional materials there would be no doubts in considering them artistic copyright protected works. The mere fact that authors, like chefs, use less conventional materials in their creations cannot be an obstacle for protecting these works. Work is an immaterial good and protection by copyright doesn’t depend on the material where the work is expressed. As a conclusion, because any type of material can be used to create a sculptural work, the same copyright protection that applies to traditional or not so traditional sculptures, may equally apply to sculptures made of food. Enrico BONADIO and Natalie WEISSENBERGER give the example of sculptures made of salmon roe and sweet red onion crème fraiche, topped with salmon tartare resembling ice cream cones, as if these appetizers were made of traditional materials, like marble, stone, or wood.23 4.2. Work of applied art A culinary work is a work of applied art, because beyond aesthetics it has the nutritional function. No doubt it can be an artistic work that we can compare to other areas of human creation, like art, architecture, music, theater, dance or cinema. We can be before a creative intellectual creation. But it has a function to fulfill. The presentation of the dish can only be protected by copyright if 23 BONADIO, WEISSENBERGER, “Food Presentations…”, cit., p. 13; see also SMITH, CATHAY Y. N., “Food Art: Protection “Food Presentation” Under U.S. Intellectual Property Law”, The John Marshall Review of Intellectual Property Law, 14, 1, 2014, pp. 2-23, in particular pp. 6-7. 228 MARIA VICTÓRIA ROCHA
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