So, can a cocktail be copyrighted? In short, no. Yet we have less protection than anyone else." "There is an implied commerce to our intellectual property. "In no other creative business can you so easily identify money attached to your creative property," Freeman went on. (Fat washing, for example, the process by which a spirit can be infused with, say, bacon, was pioneered in part by Freeman, yet is often attributed to others.) "Someone needs to get sued. After the seminar, I spoke to Freeman, who admitted he came up with the idea for the talk after becoming fed up with other bartenders and establishments taking credit for and profiting from his recipes and techniques. The panelists, Sheila Morrison from the Trademark Office, and Riley Lagesen, who has a private business law practice with a niche focus on the restaurant industry, discussed the nature of a bartender's creative work and who is allowed to use it. Last month, at Tales of the Cocktail, a week-long convention for the spirits industry in New Orleans, Eben Freeman, best known as the creator of smoked Coke and "solid" cocktails at the now-defunct Tailor in Manhattan's SoHo neighborhood, gave a seminar on protecting one's intellectual property as a bartender. Freeman urges bartenders to better guard their recipes, a sentiment that contradicts the atmosphere of sharing many bars foster. Everyone wants a piece of the big spirits industry pie.
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