I'm curious if you would have been willing to just give the recipe to the pastry chef if she had requested it and not offered to buy it. (Also, did you develop the recipe yourself or did you find it elsewhere?) I think you should give her the recipe--in exchange for free meals (or at least free dessert!) at the bistro she works at.

That was going to be my question--is the recipe yours to sell? I would inquire what she means by 'selling' it--are you offering her a service or limiting your access to re-share and reprint. Is there any chance you would ever want to use this recipe commercially (say, write a cookbook?)

Ok, now I want that recipe.

I definitely recommend contacting a lawyer for advice and possibly drafting a contract for the sale. Just because you understand copyright law doesn't mean the baker will and it's possible they could try to sue you if they find out you're selling the cookies at a bake sale. Additionally, a solid contract could spell out things like the requirements if you want to open your own bakery in the future and possibly sell the cookies commercially, etc.

Whether the recipe is yours to sell is a good point, but even if the chef is a close friend, they would likely be purchasing it via their business, and as such it is a business expense, paid prior to their commitment to taxes and should effectively be "free" up to a certain extent. So don't feel like you're "sticking it to them", ask for the highest price you can say with a straight face. Stick with your plan and do yourself the favor of making some $$$ off your awesome cookies!!

Single recipes can be copyrighted? I learn something new every day.

I don't mean to be rude about your recipe which I'm sure is wonderful, but I have a hard time understanding how any recipe can possibly be original enough to make it unique enough to copyright, given the enormous universe of recipes out there. I really am intrigued by the idea, and I want to learn more about this.

Rather than sell the recipe, I would be inclined to find a little commercial kitchen (like in a local church) and make them myself and sell the cookies to her.

I gave a recipe away to a woman who then opened a catering business and now this recipe is the cornerstone of her company and she's making a lot of money off of it. So, don't just give it away.

Just because a cookie recipe isn't copyrightable doesn't mean it isn't patentable. In fact, recipes ARE patentable. Talk to the chef, find out what their looking to buy (there are a lot of issues- are you just giving pseudo-licensing agreement of the recipe vs. the whole kit and kaboodle?; Can they then sell the recipe? Can they license it to another company?), ask for it in writing, talk to an attorney. Obviously, if they want it to patent later, you can definitely get in hot water if you bake and sell your recipe. Patents are expensive, so I doubt this is the case, but I don't know, maybe your cookies are AMAZING.

I'm more surprised that an experienced pastry chef can't develop her own recipe for a cookie. No offense to you, whatsoever, but this is sort of something she should be able to do through trial and error.

I'm inclined to agree with decogirl. A skilled cook can usually figure out a great recipe through trial and error anyway, so I would think there generally isn't a whole lot of monetary value in them.

You'll probably get a whole lot more satisfaction from giving your recipe away in exchange for freebies, and maybe you'd even get a kick out of seeing your name on the menu if the chef were to name the cookies after you.

Not sure if you can copyright it, but I would definitely get a contract drawn up (with or without a lawyer) stating the terms: whether the chef says its ok for you to make it for bake sales, whether the chef will name you on the menu, etc., and what the terms of payment will be. Not sure of the fair market value of a recipe. If you consider how much the chef will make off of selling your cookie commercially, that might be a good indicator of the price you should ask for. And it's ok to negotiate :) Remember this contract can spell out anything you want or are uncertain about. You might want to contact a lawyer.

Exchanging the recipe for free desserts sounds nice, but, after a while, the chef might resent handing them out. Or you might feel uncomfortable asking for them. Even if that's the deal. Besides, unless the pastry chef is also the owner, she isn't in a position to give away food. So keep it a business transaction and not an exchange between friends, unless you're willing to offer the recipe in exchange for a one-time something (like a tray of sweets for a party).

In naming a price, I would consider what the bistro charges and how much profit they might make. You're in the best position to judge what you think the bistro should pay. Don't feel bad asking what you think it's worth. She offered and expects to pay. Tell her that you've done a little research, that X seems like a fair price, and that you can't wait to go in and order one.

don't give it up for free and don't patent it! if it's patented, then the recipe is public knowledge and everybody can find out how to make them. recipes like the formula for coke or kfc's chicken are highly guarded, so much so that the recipes are split between top execs so no one person knows the whole recipe. I'm sure your cookies are far better than coke or kfc. Maybe, if the cookie required a certain spice blend or ingredient list over a special process, package the ingredients and sell them in batches to the chef and the public. Price them to cover your costs, to create a brand for them, for their specialness and then a little pocket money for yourself.

what kind of magic cookies are these anyway, i'd love to know?

don't give it up for free and don't patent it! if it's patented, then the recipe is public knowledge and everybody can find out how to make them. recipes like the formula for coke or kfc's chicken are highly guarded, so much so that the recipes are split between top execs so no one person knows the whole recipe. I'm sure your cookies are far better than coke or kfc. Maybe, if the cookie required a certain spice blend or ingredient list over a special process, package the ingredients and sell them in batches to the chef and the public. Price them to cover your costs, to create a brand for them, for their specialness and then a little pocket money for yourself.

what kind of magic cookies are these anyway, i'd love to know?

If you created the cookies, you can sell them, in my opinion. If its an recipe you found, just give it.

I would ask for a percentage of sales of the cookies, as opposed to a flat fee. That way if they ever hit it big, you can still get your due. If they can you $1,000, but became the next Oreo, you would be mad.

Get a lawyer to draft it up.

On the other hand, if you have dreamed of owning a bakery, I believe that was your sign to start it up.

gosh id talk to a lawyer too. A friends family onetime shared some recipes from their bed and breakfast and the person turned around and started selling the stuff commercially, all they ever got was a free sample and information on how to order more if they wanted it! Now he makes you sign an NDA if you want a recipe! Hes a notary too so its for real!

I don't know much about recipes specifically but I do image and graphics stuff, is there a way to license a recipe to someone? Where they can use it for their own business but you retain IP rights? Maybe it doesnt work the same way with recipes as other media.

Good luck!

I find it a bit silly that you would charge her for the recipe at all- isn't the point of cooking/baking to feed others, and more specially SHARE in the joy and tastes? I say, offer the recipe as you offered the cookies in the first place, an act of sharing deliciousness without agenda or expectation. And be flattered.

I am really surprised that everyone is making such a big deal about this. Unless the chef was going to take your recipe and start a huge for-profit business for it called "[Chef's Name] Amazing Cookies! $10 for a dozen", I would just give it to her. All this lawyer talk seems really over the top. I mean, are you hoping to retire?

"What does it mean to me if I sell my recipe?"

Log off the internet NOW & contact an attorney. The best you can hope for here is a mixture of fact and fiction.

@sygyzy how would you feel if someone started a business selling your cookies and eventually made it on Ellen and get's thousands of orders the next day? And then eventually cashes out to Kraft or P&G? And all you got was the good feeling that you are sharing? Sounds awful, I know but these things do happen. It might not happen in 6 months or even a year but even if it is 5 years later, you would feel pretty bad.

'Is this your recipe to sell?' - Hmmm....I'm pretty sure she wouldn't be asking if it wasn't hers to sell.

If a chef wanted to buy my recipe I would actually run home and start a side business. OR just go see a lawyer and maybe they can point you in the right direction. Google search is good too. It helps to narrow down your options and gives clues for where to turn.

If I knew darn well that I'd never get round to using the recipe for financial profit myself, I'd just give it to her.

Because really, what are you losing by doing so? The recipe is only profitable to *her* because she already has a patisserie business set up, with all the associated costs and a ready market. If she makes $x amount from selling the cookies, it doesn't follow that you could have made the same amount.

Then again, I am not wealthy, so take that with a grain of salt. ;)

You get to set the terms! I'd draft the contract in a way that meant you kept the rights but licensed them to this chef.

Please ignore those that say you shouldn't sell your recipe. Saying "how could a recipe be original" is as illogical as saying a novel isn't original because all those words have been written before. Developing recipes is real work. Your recipe is your intellectual property. We've become accustomed to receiving freebies through the internet. However, business is business and she plans on using your recipe to make her store more profitable. Good luck and enjoy reaping the rewards of your work.

I think twosavoie is exactly right. This is your work and it has value so don't give it away for free.

I am a lawyer and this isn't my area of expertise, but I can see a lot of different problems that might come up down the line. I suggest you contact an intellectual property (IP) lawyer and explain the situation, including how you want to use the recipe in the future. Ask if that lawyer has dealt with this type of issue before and what options are available (if the lawyer is not familar with the issue, ask for a recommendation for someone who is). I also strongly suggest that you use a contract to spell out the agreement - for example, are you selling the recipe for $X? for a percentage of profits? are you licensing the right to use the recipe for $X? for a percentage of profits? for how long? are you limiting use to just a single bakery? what if the bakery expands into a chain or begins mass production? can the baker use it in a cookbook? can you use it in a cookbook? Can you license it to other bakers? If the baker wants to limit your use so that you cannot sell them at local church or school bakesales, what about selling them at out of state bakesales (in the event that you move)? What happens if the bakery moves or closes?

My point is, there are a lot of potential issues here and a lawyer can help you identify them and get a fair deal, and a contract will ensure that you and the baker are on the same page as to what that deal is.

It will be very difficult to sell your recipe to a kitchen or another chef. Colonel Sanders started KFC by taking a portion of profits on every dish that he licensed it to restraurants, but that model won't today. It would be much better to take your recipe to a private label kitchen and have them run a small batch. Once it your recipe is bottles, sell it at some street fairs for instant cash. Or if your state allows, make it under the Cottage Food law of your state, then bring it to market. Once you have sales, you can sell the whole company after the recipe has been proven. Check out Start a Food Business for a webinar