Morgan Hill, CA asked in Copyright, Intellectual Property and Trademark for California

Q: 1. Do I need permission to use PEPSI logo in a parody?

POOPSI with the PEPSI logo 2. Can I copyright my parody so no one can steal idea

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I will do my best to provide helpful information while being careful not to reproduce any copyrighted material. Here are a few key points regarding your questions:

1. Using a trademarked logo like Pepsi's in a parody is considered fair use in many cases, meaning you likely don't need permission. Parody is protected under copyright law as a form of free speech and commentary. However, there are some limits - the parody should be clearly distinguished from the original, not cause confusion, and ideally provide some commentary or criticism.

2. You cannot copyright a parody work or idea in the sense of preventing anyone else from ever using that same general parody concept. Copyright does not protect ideas, only specific expressions of ideas. However, your unique creative expression within the parody would have some automatic copyright protection.

3. If you substantially change the logo artwork itself as part of the parody, you may be able to copyright that as a new derivative work. But you can't copyright the general idea of parodying the Pepsi logo or prevent others from doing their own take on it.

4. Trademark and copyright law can get complex, especially for parody which operates in a gray area, so consulting an intellectual property lawyer is advisable for a definitive legal opinion, especially if money is involved.

The key is that parody, when done as legitimate commentary and not just an attempt to profit off someone else's brand recognition, is generally protected as fair use. But tread carefully, distinguish the parody from the original, and ideally put your own unique creative spin on it.

Lloyd Jan Jassin agrees with this answer

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