Wine List copyright

Hi Somms,

I would like to know if someone can give some advice or opnion about copyright when you create a wine list. This is my case:

I started to work the past December as a Restaurant Manager and Sommelier for a small restaurant that is a franchise in a hotel in New Zealand, when I read my contract and job description didn't say anything about create or update the wine/drink list and I talked with the GM about to create a new one, he was agreed, but the company will not pay extra for that, so we just agreed that it will be my creation and I have the right to updated and modify, just with the condition that I had to let the GM knows every time if I want to do any modifications.

Everything seems to be ok, until I had holidays at the end of June,I left the restaurant for 2 weeks and couple of days prior my arrival, the GM send me an email saying that "he did some modifications to the wine list" I feel very frustrated, because why he wait until my holidays to change it without to discuss it with me first. Since I arrived I haven't had the chance to talk to him about that situation, but when this happens I would like to know the best way to discuss with him.

Do I have any rights for my wine list? There is any way that I can do a complaint against the GM and the people who helped him to do all this modifications without my concern? Or any legal steps that I have to follow?

Any help, advice or ideas, I will be very grateful!

Thank you ver much in advance!

  • Considering legal action seems at a minimum several steps too far, from what I can gather.

    The truth is that in life and in work bosses (and colleagues and your reports and loved ones) will do stuff you don't like.

    In all but the most egregious offenses pretty much you have to live with the decision your boss made. Your boss's boss (if there is one) made her/him the boss to make decisions and hold responsibility.

    Its sounds like your boss certainly could have spoken to you about it. That would have been the considerate thing to do.

    But you can only control your own actions. One of the best things to do is to become so valuable to the company that you end up being the decision maker. Becoming your own boss is of course also a great option.

    Just because you created a wine list that wasn't in your job description doesn't mean it's not the property of the establishment. Also, why does having to create a wine list have to be something in your contract, as a sommelier? Of course that is natural for some positions but that fact that you have the authority to create it - I would celebrate that! You have helped make progress for the restaurant and it sounds like in your career too. Celebrate your progress, don't worry too much about setbacks.

    On a different note, kudos for getting two weeks of holidays! I haven't had any vacation in over two years during which I have averaged 6 days a week. This I am looking to rectify quickly.
  • My first thought is, if you're actually contemplating legal steps and filing complaints, the problem is bigger than the wine list.
  • I don't believe you have any copyright privilege to the house wine list. You are an agent of the restaurant and therefore everything you do is deemed to be at the mercy of the restaurant. You clearly don't own the restaurant or anything within. You can respectfully appeal, but ultimately if you don't like the decision or the answer you can choose to leave.