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Old 05-18-2010, 05:24 AM   #1
dosbrohahs
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Jan 2010
Seattle
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Anyone know the legality of selling/licensing a microbrewery a homebrew recipe of mine? I know their brewpub cannot sell my beer but I can't see why they couldn't use the recipe. Kind of a sudo-contract brew? Thoughts?



 
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Old 05-18-2010, 05:53 AM   #2
CDbrews
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Aug 2009
MN
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you cant copy right a recipe, there fore that recipe is technicaly not worth anything. the brew pub can use your recipe but that doesnt mean that you own the recipe


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Old 05-18-2010, 06:28 AM   #3
bmsteele
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Although you can't get US copyright protection for a recipe you can still sell or lease the recipe to the brewpub.

Ask for $15,000 a year or $30,000 outright

If it's a serious matter, get a lawyer. Embed the lawyer fees into your selling price. Or negotiate free beer as a part of the sell.

 
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Old 05-18-2010, 06:29 AM   #4
shamrockdoc
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Oct 2009
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What if you agree to brew it for them and they pay you for labor then a slice of the profits from said sales!?
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Old 05-18-2010, 02:06 PM   #5
stageseven
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Mar 2009
Delaware
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Feasibly I would think your only options would be to sell the recipe or contract out your services brewing it (however contracting yourself out could be difficult since you wouldn't necessarily be familiar or comfortable with brewing on their commercial rig). As stated above, you can't copyright the recipe (although that doesn't mean it isn't worth anything), so once someone else has it you can't really retain the rights to it. Nothing theoretically would stop them from just coming up with a recipe on their own that they think is similar, but if they're willing to buy it and you're willing to sell it I don't see why that would be illegal on any level. It's really not any different than selling a cookbook.

 
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Old 05-18-2010, 02:22 PM   #6
remilard
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Nov 2008
Kansas City
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It's legal at least in some jurisdictions, since Boston Brewing Company pays a $5000 royalty to Longshot winners.

However, in general, beer recipes are pretty close to worthless (if you are Jamil Zainesheff, about 20 cents a piece I guess).

 
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Old 05-18-2010, 02:27 PM   #7
Yooper
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Quote:
Originally Posted by remilard View Post
It's legal at least in some jurisdictions, since Boston Brewing Company pays a $5000 royalty to Longshot winners.

However, in general, beer recipes are pretty close to worthless (if you are Jamil Zainesheff, about 20 cents a piece I guess).
Well, if you're Jamil you could put all the recipes in a book, and make enough to break even.

If a brewpub is willing to buy a recipe, then do it QUICK! I mean, recipes aren't proprietary and are easy to come up with. It's not like the formula for coca cola or anything. In fact, many of us put up some great recipes on the internet for free!

Any good brewer can make a great recipe, so if a brewpub doesn't have a brewer that can do it they're in serious trouble.
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Old 05-18-2010, 02:30 PM   #8
weirdboy
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Quote:
Originally Posted by dosbrohahs View Post
Kind of a sudo-contract brew

Is that where you sign a contract as root?

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Old 05-18-2010, 02:31 PM   #9
weirdboy
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Quote:
Originally Posted by CDbrews View Post
you cant copy right a recipe, there fore that recipe is technicaly not worth anything.
Tell that to Coca-Cola.

 
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Old 05-18-2010, 04:03 PM   #10
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Personally, I would much prefer having my name on the beer. Many of the craft breweries around here are following Widmer's Collaborator project. Competition winners get to brew a batch on a commercial system and when it hits the bars, your name goes with it.


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