Should breweries expect to be original or is cloning inevitable?

Discussion in 'Beer Talk' started by MNJR, Mar 4, 2016.

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  1. MNJR

    MNJR Pundit (899) Jun 28, 2008 Illinois

    What about a beer by a newer brewery that tastes almost exactly the same as an older, more established beer? It happens all the time in art, music, etc. What about beer? What are the ethical considerations? Should breweries be expected to be original, or is it OK to clone something and slap your own label on it as long as people like it and enjoy it? I think we may be entering an era where startups are just copying what they know will sell. If you have examples of beers that may fall into this category, please share.
     
  2. drtth

    drtth Initiate (0) Nov 25, 2007 Pennsylvania
    In Memoriam

    Wouldn't that be what "brewing to style" means?
     
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  3. MNJR

    MNJR Pundit (899) Jun 28, 2008 Illinois

    If you brew an APA, then yes it should be in that style, but if it tastes exactly like Sierra Nevada Pale Ale, then...
     
  4. ELS

    ELS Savant (1,053) Apr 22, 2012 Florida
    Trader

    I have to say that I can't remember ever having a commercial clone of another beer. I think most breweries go out of there way to be unique and the worst critique for them would be that their beer tastes exactly like a well known beer from another brewery.
     
  5. imonhiatus

    imonhiatus Initiate (0) Jun 28, 2012 New Jersey

    what about restaurants? there is only room for one burger place?
     
  6. Groenebeor

    Groenebeor Initiate (0) Feb 14, 2009 California

    Sierra Nevada can't even make it taste exactly (100%) the same every time, how would another brewery come so close for this to ever be a problem?
     
  7. drtth

    drtth Initiate (0) Nov 25, 2007 Pennsylvania
    In Memoriam

    Doesn't matter if the Sierra Nevada Pale Ale defines the style then hitting it on the money is a compliment not a rip off.
     
    #7 drtth, Mar 4, 2016
    Last edited: Mar 4, 2016
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  8. IceAce

    IceAce Pooh-Bah (2,274) Jan 8, 2004 California
    Pooh-Bah

    Hundreds of Brewers chased the Elder and the Younger for years before figuring it out...
     
  9. Hanglow

    Hanglow Pooh-Bah (2,051) Feb 18, 2012 Scotland
    Pooh-Bah

    I'm sure it happens, but unless that brewery has exactly the same equipment, exactly the same suppliers, exactly the same process etc then it won't come out the same, even if it is close. There are too many variables imo.

    Plus most brewers want to put their own mark on things too, so it will only be a very few breweries that want to exactly copy something
     
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  10. BBThunderbolt

    BBThunderbolt Grand High Pooh-Bah (7,846) Sep 24, 2007 Kiribati
    Pooh-Bah Trader

    Well, what about when a brewer goes from one brewery to another? Do they use the flasher thingy from Men in Black to erase the recipes from the brewers head? And, what if that brewer was the one to develop the recipe for the original brewery? Should he be allowed to keep it?

    There have been several instances here in the NW where this has happened. And, honestly, there's a lot of beer that's all remarkably similar, even with no cross-breeding. There's reasons why Boeing and Airbus jetliners are so similar in appearance; different groups of smart people, working on the same problems, come to similar conclusions. With over 4,000 breweries in the U.S.A. alone, stuff is gonna be like stuff.
     
  11. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    Pretty much, but a lot of time with head brewers there are non-compete agreements signed, or some such thing. I don't know just how far they 'stretch' though- have there been any cases where it was used on a recipe that's different-but-similar before? Because it's very easy to make a technical change to a recipe that doesn't really make much of a difference.
     
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  12. Gaddabble

    Gaddabble Initiate (0) Mar 8, 2014 Ohio
    Trader

    I actually love it when that happens! Just the other day, I had an awesome Zombie Powder!!!
     
  13. BBThunderbolt

    BBThunderbolt Grand High Pooh-Bah (7,846) Sep 24, 2007 Kiribati
    Pooh-Bah Trader

    So, what about when a cellarman/assistant brewer gets the chance to become head brewer somewhere else? Most of the American craft beer industry seems pretty cool with letting people move on, to another opportunity where they can advance. Especially at the level of most of the breweries we deal with, I doubt anyone, other than maybe the head brewer, has a non-compete (or some sort of agreement to not use recipes).
     
  14. TongoRad

    TongoRad Grand Pooh-Bah (3,884) Jun 3, 2004 New Jersey
    Society Pooh-Bah Trader

    Oh, they would be hired expressly for their experience; so I'm sure that's why there are so many essentially similar beers. But this goes back to @Hanglow 's post above about not being able to really 'clone' a beer anyway. I just always wondered if those non-competes even did anything anyway.
     
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  15. lester619

    lester619 Initiate (0) Apr 17, 2009 Wisconsin

    If we all agree brewing is an art form, isn't this kind of like saying Led Zeppelin sounds like The Yardbirds because Jimmy Page played guitar in both bands? You can't put a non compete agreement on an artist. I'm not sure how much sense that analogy makes, but I think there's a point in there somewhere. Cheers!
     
  16. Sabtos

    Sabtos Grand High Pooh-Bah (7,920) Dec 15, 2015 Ohio
    BA4LYFE Society Pooh-Bah Trader

    IPAs as we know them today would have never left California if no one every tried to copy and/or improve upon what someone else did. Oftentimes it's someone inspired by a beer they had on vacation but can't have at home, trying to provide it to the rest of their friends, family and customers--not to mention wanting to be able drink it on the regular themselves. Sometimes those people blow up with a similar recipe, other times they make a new riff on it and start a whole new trend.

    Then there's the fact that a lot of these breweries are straight up giving out their recipes for nothing these days, which I really don't get. Sure it may be intended for home brewers and generates a lot of good will, but that really doesn't mean anything in the long run and just guarantees other upstart brewers will use it, if not larger ones.
     
  17. zid

    zid Grand Pooh-Bah (3,132) Feb 15, 2010 New York
    BA4LYFE Society Pooh-Bah Trader

    I respectfully think you're not thinking the analogy fully through. Page is no stranger to lawsuits concerning plagiarism (but I realize you're spinning it differently). That and not everyone here agrees that brewing is an art form (I don't). If it was, would beer be covered as intellectual property?

    I'm out of my knowledge base here, but I would imagine that patenting a recipe would be difficult if even possible... that "trade secrets" would be more the norm (plus trademarking names). Of course the previous is concerning legality rather than ethics. I'd be shocked if breweries don't occasionally try to reverse engineer the competition. I wonder if people here would consider that ethical.

    Edit: Anyone with knowledge here should feel free to correct me.
     
    #17 zid, Mar 5, 2016
    Last edited: Mar 5, 2016
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  18. mudbug

    mudbug Pooh-Bah (1,762) Mar 27, 2009 Oregon
    Pooh-Bah

    It's damn near perfect for the style and any brewer that can do that should be proud. And on the other side, if a brewery managed a near perfect imitation of Heddy Topper and distributed to your area, would you be complaining then? I don't think so.
     
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  19. zid

    zid Grand Pooh-Bah (3,132) Feb 15, 2010 New York
    BA4LYFE Society Pooh-Bah Trader

    Would Kimmich?
     
  20. Urk1127

    Urk1127 Grand Pooh-Bah (3,790) Jul 2, 2014 New Jersey
    Pooh-Bah Trader

    If more brewers put out top tier brews comparable to the classics or the regional hyped beers, then those said ripoffs should be proud because theyve made something desirable. I doubt big name brewers beside the recent DIY Dog i.e. or another the alchemist would share a recipe for say heady. If you have the brains to clone a recipe just based on knowledge or your senses while drinking it, then who can stop you.
     
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