Legal Question in Intellectual Property in California
I made a short film in which I poke fun at KFC and their mascot "The Colonel", and I did not get their permission. It is in the vein of a parody. I want to submit the film to festivals, but I don't want them to come after me. Would they have a case against me? Does fair use or parody law protect me?
2 Answers from Attorneys
While the good Colonel may be reduced to a logo, and KFC doesn't even stand for Kentucky Fried Chicken anymore (they're just corporate initials), it kind of rankles me that you would refer to Col. Harland Sanders as a "mascot." He was the real deal. You might well win a fair contest on fair use/parody. But I presume that you, like most short filmmakers, don't have the funds to mount a legal defense. If you don't have enough money or assets to make it worthwhile for someone to sue you, why worry? Maybe they will make a mistake and do some wrong to you while suing you, and you could countersue their big corporation and make lots of money.
As a franchise attorney, I can tell you they won't like you poking fun at the Colonel. Is the risk of a lawsuit worth it, even if you end up having the better case? And how much justice can you afford? A legal defense could run into hundreds of thousands of dollars. Consult with a good franchise attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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