The Cosmopolitan, the Naked and Famous, the Paper Plane, the Penicillin — so many of the world’s most famous cocktails are created by high-profile bartenders. And as these cocktails gain traction and the ready-to-drink market expands, should the bartenders who create these modern classics receive credit and a financial stake in the drink in perpetuity?

From a legal standpoint, there is no such thing as copyrighting or trademarking a cocktail itself, only the recipe for said cocktail. However, even if the recipe is trademarked, there’s nothing really stopping another bartender from swapping out one ingredient in that recipe for something that’s quite similar and calling it their creation. Does this mean they shouldn’t give a nod to the original creator, though?

Today on the “VinePair Podcast,” Adam, Joanna, and Zach debate what rights a cocktail creator should have, from menu attribution to financial compensation when their drink is bottled or canned. The law might read a certain way, but is it fair to creators? Tune in for more.

Zach is reading: The Feds Want to Kill a Grocery Mega-Merger. Craft Brewers, Rejoice.
Joanna is reading: These Vintage Tequilas Are the Holy Grail for Collectors
Adam is reading: Tequila Has Conquered the United States — but Can It Win Over the World?

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