Legal Question in Intellectual Property in Pennsylvania

If I came up with a shirt design that is a funny zombie spin on a popular food chains slogan, its all lettering with no images, (Its comparable to the recentently popular, "zombie eat flesh" design) is this considered a parody?


Asked on 1/19/12, 4:51 pm

1 Answer from Attorneys

According to the Supreme Court in Campbell v. Acuff-Rose Music, Inc., "[t[he heart of any parodist's claim to quote from existing material is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's work. "

Essentially you have to take enough from the original work so that people will make an association with the original work when they see your design. Your design must also comment, mock, or poke fun of the original in some way.

However, if you're asking whether this is a parody and therefore allowable under fair use then you have to perform further analysis and go through the four fair use factors. A parody does not automatically qualify as fair use.

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Answered on 1/19/12, 6:06 pm


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