Is this legal?

[visualerror]

Basically, the front page of my new site features a parody of a coke can. Now, does this count as parody (which is protected as free speech) or does this infringe Coke's copyright?

Basically, will they sue?

http://www.visualerror.co.uk/newsite/

Cheers in advance to any who can help me.

[GuyLaDouche]

I am not a lawyer, although I do play one on TV... but I don't think that that would be classified as parody in the context with which you've used it.

Just my $0.02 is all.

[visualerror]

Thanks for your reply Guy. Do you mind if I ask why it isn't a parody?

I've done a bit of research and apparently 'the key to parody as fair use appears to be taking as little as possible to conjure up the original. Reasonable courts differ as to what constitutes just enough.'

http://www.gigalaw.com/articles/2000...00-12-all.html

The above is apparently irrespective of whether or not the parody is intended for commercial purposes or otherwise. It's also important - as in the case of 2Live Crew, in the page above - that the work somehow comment on the original piece. I'm prepared to argue that my piece uses as much of the original as was necessary to invoke it in the viewer's mind, but I'm not sure on the commentary score...

Hmmm, this seems a very thorny issue...

By the way, what lawyer?

[rivux]

You are missing the key ingredient in a parody which is an insight, sarcasm, ridicule of the original product. You aren't making fun of Coke you just stole their image to use on your site.

A dictionary definition of parody

"A literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule."

[Keimos]

Hi visualerror,

The way I see it is there should not be a problem as you make no reference to Coca Cola.

believe it or not not everybody has seen a coke can!

Any doubts ask the people, they will tell you.

[flood6]

Everybody who has an internet connection has seen a coke can.

Here are just some thoughts I had; maybe something will offer a new perspective.

I have no idea if you would win in court, but that doesn't really matter. Coke representatives will likely never find out about it. Assume they do find it and don't like it, Coke can send you a cease and desist, then what? Are you going to pony up several thousand dollars fighting a battle with one of the larger companies in the nation? Maybe they'll just ask you to stop using the image; you take it down and they stop harassing you.

I'd be willing to bet that if you asked a lawyer, they'd tell you not to do it. It's just not worth it.

You might also want to consider if that image represents your company/services. You might want to shoot for something that says "originality" to your visitors and potential clients. Put a lot of effort into a logo/image that is completely original and compare it with the "coke" image. You might find you like the original one better.

I suggest you measure your perceived likelihood of getting caught and the amount of money you think you could lose in a legal battle. Then compare that to how good of a logo/image it is and how much money it can make you.

[DrTandem1]

That is nowhere near close enough to even be thought of as a can of Coke. Not only that, you are not making any representation of another can of cola. It kinda/sorta looks like a can of Diet Coke, but the font is all wrong.

So, I think you are safe. You're not making fun of Coke, nor are you competing with them. As a "parody" it just doesn't make it. Now, if you want the image to be funnier (I don't think it's funny now, sorry), have the soda can open, on its side and in the spilled puddle of soda say "visual error" or have the spilled fluid spell it.

I guess what I'm asking is, to what does this image relate? A better analogy would be spilled milk. There you can be generic and not worry about all of this.

[visualerror]

Thanks for the responses from everyone.

Rivux:

I agree in retrospect that the can isn't a parody, and so isn't defensible as such. I prefer the term borrowed but that's just a less sharp-edged euphamism.

Flood6:

You're right that most likely Coke won't find out, and that if they do, and they mind, a cease-and-desist is most likely, and that, yes, I will probably take it down rather than go for an unwinnable legal battle (if I'm given that option). Thanks, what you said was quite useful.

DrTandem1:

Lol! Don't quite know how to take this, given that I was aiming for a can of D. Coke - I only had a bottle to use as reference (and bear in mind that coke looks slightly different in different countries - I wasn't attempting to copy Coke exactly, merely to invoke its presence in the mind of the viewer.

Your suggestions for the parody potential of spilled liquid is a good one - I like it, and I might have to have a go at using it (yeah, I know, the can ain't that funny right now - I'm not sure if I was aiming for funny; maybe I was just sticking two fingers up at Coke for the hell of it, which would be a silly thing to do, given big enough fingers). A benefit of that is that the logo/design of the can need not be visible. However, I don't know if that would 'fix' one of the problems flood mentioned, that the logo wouldn't be original, and that it wouldn't necessarily reflect the services offered.

I suppose I've been a bit unfair not providing some context for the image: the website is intended to be a showcase for various pieces of art, music and design. There's a million of them out there, I know, but, well, there's always room for one more, and everyone imagine's theirs will be different - I certainly do!

Based on everyone's responses I think I'm gonna go for an original logo design. Rivux and tandem's points that the can is neither parodic (that is, critical) or funny ring true, and I'd rather build my own brand (even though I'm not selling anything yet) than piggy back any distance on someone else's.

Guess I can just chalk this up as a bit of copyright law research...

Coke's lucky day, huh...?

Thanks again, and sorry bout the long post

ve

[simonm]

flood6 touched on the point I am going to make.

If this is aimed at potential customers, ie 'look at how innovative a designer I am' then you are doing yourself a disservice. The overall image lacks originality, the lettering you have placed on top of the can is flat, what is your message?
As a regular customer of 'creatives' I wouldn't use you based on your lead logo. I have many many prospective creatives / designers send their links and literature to me so I have to go on 1st impressions of them - which is what they in turn will do for me with my customers. I want a creative that is able to communicate with their design and ideally create a message that invites the user to read further - then its my job to do the rest!

What else? So called web designers who have half finished websites who assure me that they are too busy with their client's websites to finish their own!

[simonm]

Glad you are going to do something else. The front page as it is lets the rest of the site down. You seem to be better at originality than parody.

[visualerror]

lol! Thanks Simonm - I'll take that as a compliment. Does this mean you wanna buy a print? *winks* Actually, the entire site is undergoing a substantial redesign - I'll be sure to post it in the relevant forum when I have something more substantial than a template...

[JKomp]

It's a thin line you tread.
But all i can think about it is; what's the point?

[Glenn Albert Bradley]

Looks like another swipe at Americans by the euro carrying community. Hows that french satellite doing with proving us liars about landing on the moon? God forbid if I market the eiffel tower as a toilet brush, not politically correct. What do you have against diet coke? and lastly I cant type anymore because of the freedom fries grease all over my keyboard.

Now thats a parody.

This statement is a parody, no intent against liberal euro carrying public or it's satellites or thier distaste for diet coke. Diet Coke is a trademark of the Coca Cola Corporation. French satellites are amazing. The euro is cool. The eiffel tower is in Paris, France, its made of metal, has an expensive restaurant on top of it, and is not a toilet brush. (yet) Freedom fries are once again called French fries due to the recent visit of President Bush to the European Community. My keyboard is ok. This statement protected by the U.S. Constitution, Bill of Rights and the ACLU.

[dcoomes]

It doesn't appear they're even trying to fool someone into thinking it has something to do with Coke...which appears to be the biggest test.

[Ramona]

Many years ago, an American artist that I admire Robert Rauchenberg, included a major label can ( not a parody) in an artwork. From what I remember the company was threatening to sue and then finally realized that they got more publicity from the work and left it alone.
Ramona

[MarcGrobman]

I'll weigh in -- I think it is parody. Humor is in the eye of the beholder and there is humor here, however subtle.

My understanding is that you can get away with a parody one time. If you continue to use the copyrighted image to make your livelihood, you get in trouble.