: Law regarding a pastiche My client has asked me to create a leaflet which is a pastiche of a well known fast food chain. It wouldn't be derogatory or mention the restaurant by name but would
My client has asked me to create a leaflet which is a pastiche of a well known fast food chain.
It wouldn't be derogatory or mention the restaurant by name but would probably use similar colours / fonts to evoke the brand.
The client is in an unrelated industry but they see the way they bundle their products as comparable to how a fast food co might make up a 'meal deal' or similar.
Am I risking getting in trouble over copyright?
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I don't think we have copyright lawyers here, but generally speaking, if your gut tells you there might be a problem, listen to your gut.
Having a flyer which is a riff on fast food without evoking a specific chain is fine. But if you can put the actual chain's flyer next to your client's and they look like siblings, your client may get in trouble. Even if the industry is totally different, you don't want to risk diluting someone else's brand.
Don't use the specific chain's colors, fonts, or layout structure. Compare five or six fast food chain flyers and figure out similar elements, and use that to create your own version for your client's branding.
Literary pastiches are only okay when the original is out of copyright (over 75 years old in America) or the pasticher has permission (like Weird Al gets from the artists he parodies).
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