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actingout

Logo Parody for non-public use

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I will be commissioning a graphic artist to modify an existing film logo for parody purposes.  The logo will be attached to an audio file that will use elements of the film in question, but will not be made public.  Since it's not being used for open commercial use, there shouldn't be any infringement here, right?  This artistic parody could end up in me making money at some point -- not directly from this piece of work, but indirectly in the future as a result of this.  Not sure if that would be considered "commercial" use.

 

This audio file will be a short parody drama that integrates elements of the film in question, and it will be sent to someone who works for the company that produced the film.  So I suppose worst case, he can report me for infringement if he wants to!  I just want to make sure I don't put the graphic artist in an awkward position.

 

Thanks.

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"Report you for infringement?"

 

No, try sue you into the stone age for infringement.

 

There's an old saying. If you have to ask the price, you can't afford it.

 

Similarly, if you have to ask if it's infringement, it probably is and you shouldn't be doing it without written consent of the owners of the copyright.

 

Any reason why you don't want to get written consent of the owners?

 

 

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14 hours ago, actingout said:

Since it's not being used for open commercial use, there shouldn't be any infringement here, right?

 

There's no way to assess this intelligently based on your vague, abstract description (and no, I'm not requesting or suggesting that you provide further detail).  That being said, the primary goal of trademark law is to prevent consumer confusion.  If your "parody logo" "will not be made public," then there is little or no chance of consumer confusion.

 

Whether your audio file will or won't infringe the copyright in the film is obviously impossible to assess without listening to it and being familiar with the film.  One would also need to know what exactly you're doing.

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