Archived Are there any laws prohibiting making fake sponsorship ads on a comedy podcast? (AskVoat)
submitted ago by sakuramboo
Posted by: sakuramboo
Posting time: 3.7 years ago on
Last edit time: never edited.
Archived on: 6/27/2017 10:00:00 AM
Views: 403
SCP: 10
11 upvotes, 1 downvotes (92% upvoted it)
Archived Are there any laws prohibiting making fake sponsorship ads on a comedy podcast? (AskVoat)
submitted ago by sakuramboo
Sort: Top
[–] MaxVieuxlieu 0 points 2 points 2 points (+2|-0) ago
Would not recommend using real company names. It's possible to do it in such a way that you wouldn't have any liability, but not without paying a lawyer to review what you are doing or at least give you guidance beforehand, and there's still no way to guarantee they won't attempt legal action against you if you ultimately prevail, either of which would be very expensive for you.
It's still possible to infringe on their trademarks or face other legal action even if you change the names of the companies, but it's certainly less likely.
Realistically, the way this plays out is that you get a cease and desist letter from whatever company you are spoofing, and if you then take your stuff down you will be unlikely to face legal action, although taking it down will not guarantee that you don't have liability. Some companies are more likely than others to pursue you though, and a little research can help you figure out who is more likely to go after you. The problem for you though is that companies have to protect their trademarks or else face potential claims that they have abandoned those trademarks. At the same time, they have to be wary of the "Streisand effect" when going after people, so actual litigation is unlikely as long as you respond to a C&D letter by actually ceasing and desisting.
You can also include a disclaimer that the ads are fake and not paid for by any real company, this won't guarantee anything, but puts you in a better position.
Unfortunately, copyright and trademark are often used to stifle legitimate free speech. I would suggest doing some research on the concept of "fair use" and it's role in world of parody and satire, but be aware that this is a battle being fought constantly in the courts and you will be going up against deep pockets with significant resources even if the law is on your side.
[–] [deleted] 0 points 2 points 2 points (+2|-0) ago
[–] sakuramboo [S] 0 points 1 point 1 point (+1|-0) ago
Let's say I was.
For example, from the old podcast Infected, there were two commercials that I remember. One was for Olive Garden and they made the slogan "Where they face fuck you with salad." and then the other was for Payless Shows with the slogan "These shoes were made for ass fucking."
[–] Altbottom_Leaf 0 points 2 points 2 points (+2|-0) ago
It is legal under fair use, but risky as a corporation could get butthurt and drag you into a legal battle that will cost you tens of thousands of dollars
[–] Mick 0 points 1 point 1 point (+1|-0) ago
If it's satire it might be OK.
IANAL or a US citizen though
[–] clamhurt_legbeard 0 points 2 points 2 points (+2|-0) ago
Not a citizen? Obviously.
Running a shitty sub like banhammer would get you put in prison in America.
[–] Mick 0 points 1 point 1 point (+1|-0) ago
U cannae take muh freedom!
[–] lord_nougat ago
We have so damn many laws that at this point, nobody knows what's legal for sure anymore!