With all the buzz surrounding Taylor Swift and the Eras Tour last year and, more recently, her public relationship with Kansas City Chiefs’ very own Travis Kelce, we’ve seen plenty of related content across industries.
The music world's reigning queen has businesses humming her tunes. From Eras-themed menus to cocktail concoctions inspired by her albums, many restaurants are hoping to lure in Swifties. However, some restaurant owners have taken the Taylor hype too far and crossed into copyright violation territory.
In today's digital world, understanding copyright is as important as memorizing Taylor's latest hit. We're here to guide you out of the woods so you can capitalize on the excitement without risking a lawsuit.
Trademark vs. Copyright: Safeguarding Creative Magic
Trademarks and copyrights both safeguard your restaurant's uniqueness, but in different ways. Trademarks act like branded uniforms and signage, protecting your identity (think restaurant name, logo). Copyrights guard your original creations, such as secret recipes or menu designs. Trademarks can last forever with renewals, while copyrights last for the author's life plus 70 years.
The same copyright and trademark laws that are available to protect your business also protect the brands of internationally famous musicians and professional football players.
In addition to trademarks and copyright, there is a gray area known as "fair use" that allows for repurposing protected work in certain circumstances. Fair use is like borrowing a cup of sugar from a neighboring restaurant: It's safe to assume they would gladly share one ingredient, but they wouldn't allow you to take everything from their pantry.
Does your restaurant plan to use Swift’s name, image, songs, or song names in a social media post or in restaurant marketing? Doing so without permission can land you in legal hot water. Here's what you need to know.
13 Copyright Tips for Restaurant Owners
1. Avoid Bad Blood: Posting Celebrity Photos on Your Restaurant's Social Media.
Dreaming of featuring Taylor Swift in your next Instagram post? We get it—but it's inadvisable.
Using a celebrity's image or name without permission, even in "organic" social media posts, can still get your restaurant in trouble. Remember, your social media is an extension of your restaurant's business, and copyright and right of publicity laws apply.
Restaurants should avoid using protected images sourced from Google.
If a famous face arrives to pick up an online order at your business, always ask permission before sharing photos online or in your marketing materials. After all, avoiding legal headaches and protecting your business is vital to serving up success.
2. Picture to Burn: Can My Restaurant Pay to Use a Photo of a Celebrity?
You may have to rethink licensing a photo of Taylor and Travis for your next social post. Standard licenses cover editorial use (entertain, educate, or inform). A restaurant representative would have to negotiate "celebrity endorsement" rights to use a protected image to post online on your restaurant's website.
Buckle up for sky-high costs—the price tag can reach upwards of a million dollars.
Getty Images is a trusted source for purchasing images.
3. Sharing Memes or Playful Parodies: When Is It “Fair Use”?
Sharing a funny meme featuring your favorite celeb might seem harmless, but legal landmines can leave you with egg on your face. Even if it falls under "fair use," it's not a free pass.
Courts weigh various factors, and there can be strings attached even when using "free" photo websites. As Menufy's expert web designer Erin Trampel warns, "Unpaid images are often sold to other users. This means images once labeled 'free' could later be considered protected."
4. Soundtrack to Social Media: Can You Hit Play on Famous Song Clips in Your Videos?
Using trending sounds or famous songs in your restaurant's social media videos might seem like a quick win, but trust us, it's not worth the risk.
"Unless you have permission, I recommend only using songs and sounds that are readily available on most social media platforms," explained Michelle Solis, HungerRush's social media mastermind.
Thinking of DIY-ing your own version of a popular sound or song? That may seem like a clever loophole, but it's still a legal gray area. Copyright laws protect music, song clips, and sounds.
Even if your infringement of the law is an honest mistake, you can find yourself in trouble.
5. Shake It Off: Can You Still Spin Your Favorite Sick Beats in the Restaurant?
Cranking up the latest hits by that chart-topping, 13-time Grammy winner might seem like a way to create a vibe for your restaurant, but you may need to calm down! Like those trendy social media sounds, playing copyrighted music without permission can lead to legal action.
Unless you have a license or partnership with a service such as CloudClover, playing even a snippet of a popular song puts you at risk. It's not much different than using your personal Netflix subscription to open a movie theater—both violate copyright laws.
6. Call It What You Want, But Be Careful: Inspired Menu Item Names.
In the world of restaurants, businesses have been creative with their Taylor-inspired menu and drink items. Our favorites include the Bad Blood(y Mary), Look What You Made Me Brew, TNT, and the Getaway Car-Garita. Is it legally okay to create food or drink names inspired by Taylor Swift songs?
Yes, but we know all too well that you should be careful and do as much due diligence as possible. Swift has trademarked her name, various nicknames, specific lyric phrases from her songs, and even her cats’ names!
If you’re interested in creating menu or drink items that reference Taylor Swift or any other famous artist, indicate on the menu that the artist inspired the items but is not otherwise associated with them or your business.
We highly recommend presenting your lawyer or legal team with the proposed names to review and clear for use.
7. Stay out of The Woods: Crafting Appropriate Restaurant Logos.
Like building a delicious dish, your restaurant's identity relies on unique ingredients. Your logo is your signature recipe. It's what sets you apart.
But beware: Using someone else's copyrighted material in your logo is always against the rules.
Erin Trampel has seen it all regarding logos and copyright violations: "A long time ago, we had a case where a Menufy restaurant partner created a logo copied from a city police department logo. As you can imagine, they got sued by that police department."
8. Champagne and Print-Marketing Problems.
Just as your favorite artist weaves tales through their lyrics, print materials can tell your restaurant's unique story. But avoid featuring famous celebs or other protected images on menus, table tents, or brochures, or it could lead to trouble, trouble, trouble.
Restaurants should refrain from using protected images on printed menus.
9. Big Reputation: Promotional Events.
Special events such as holidays, sporting events, and concerts can be great for getting people in the door of your business. When Taylor Swift came to Kansas City in July 2023, the city was bejeweled with Taylor-inspired everything, and there were countless themed parties and events at local bars and restaurants.
This weekend, Kansas City will host hundreds of watch parties and special events for the “Big Game.” But Swift and the NFL have always had something in common, even before #Tayvis was a thing: Trademarks. Trademarks. Trademarks.
Trademarks protect a brand’s reputation and combat counterfeit experiences and products. This is why operators of Taylor-inspired events make it clear that their event is not endorsed by or affiliated with the artist. That way, people are aware that Ms. Swift is not linked to the event or liable for anything that happens there.
Similarly, the NFL has trademarked the term “Super Bowl.” This means that businesses cannot use “Super Bowl” to market events without permission. Doing so violates the NFL’s trademark, and you could be handed a cease and desist letter. For more information, check out Menufy's Big Game Promotions blog.
10. You’re on Your Own Kid, but Not Really: Training Your Staff for Success.
Training your team is vital to the success of any restaurant, and that should include educating your staff about the importance of respecting creative rights and the legal ramifications of copyright infringement.
11. Karma is Avoidable: Document Everything.
Running a restaurant is like creating a chart-topping hit—it's not just about the catchy tunes (or delicious food); you also have to make sure your business is legally harmonious. You can avoid legal trouble by maintaining detailed records of all the creative sources you use in your restaurant.
Keep copies of permits, licenses, permissions, certifications, and any agreements or contracts you enter into.
12. Become A Mastermind: Create Your Own Content.
Taylor Swift is all about owning her own work, and restaurants should be, too. If you’re looking to boost your Menufy online ordering website, we highly recommend adding food photos to your menu items.
But as Erin Trampel advises, the photos you use have to belong to you: “Please ensure the photos you upload are yours and yours only. Using stock images or photos taken from Google or Pinterest is a huge no-no because copyright by the original owner protects them.”
Menufy recommends taking photos of your own food rather than using stock images.
Owning your photos means you either take them yourself or hire a food photographer to do it for you. Check out Menufy’s informative guide for taking food pics if you decide to go the DIY route. Once your delicious food photos are ready, you can upload them to your Menufy Manager in the Menu section.
13. Long Story Short: Leave It to the Menufy Experts.
When building custom online ordering websites for our partners, our web design experts check all the photos that restaurants submit for copyright infringement. In doing so, we automatically protect our restaurants from lawsuits they may not be prepared for.
If we search for an image and find that it came from a recipe blog, a competing restaurant, or any unlicensed third party, we will not add the photo to the website.
Is It Over Now?
While the allure of spicing up your restaurant with Taylor Swift's fiery tunes and iconic image is strong, remember: Copyright and trademark laws are secret ingredients you don't want to mess with. Using Swift’s name, picture, or catchy lyrics in social media posts can land you in legal hot water, kind of like substituting sriracha for chili flakes—risky business!
But fear not, Swifties and restaurateurs alike! You can still join the party by whipping up "Shake It Off" milkshakes or "All Too Well" tapas platters. Just remember to label them as "inspired by" Taylor, not endorsed by her. Think of it like adding a disclaimer to your menu: "Disclaimer: These dishes are a tribute to Taylor Swift's awesomeness, but Ms. Swift is not affiliated with this restaurant in any way."
And to avoid any legal heartburn, let the experts at Menufy be your sous chefs! We'll ensure your photos and content are squeaky clean and free you to focus on what you do best: creating culinary masterpieces.
So grab your metaphorical rolling pin, embrace creativity, and remember: Respect copyright rules, and your restaurant will be "Fearless" in the face of legal trouble!
This blog is meant to inform and educate Menufy’s restaurant partners and is in no way affiliated with Ms. Swift.
Enchanted To Meet The Authors
COURTNEY KITCHENS, SR. MARKETING SPECIALIST
Courtney, a marketing storyteller fueled by the restaurant industry's hidden melodies, counts down the days until she dances under the NOLA lights on her birthday during the Eras Tour!
NIKKI FINLEY, SR. DIGITAL MARKETING SPECIALIST
Nikki is a master of creating engaging digital and video content. She attended The Era's Tour Kansas City Night 1 in a handmade blue koi fish guitar-inspired outfit where Taylor debuted for the very first time on the tour her infamous blue koi fish guitar.
Melissa Dimmitt, Marketing Manager
Melissa brings over a decade of experience working with restaurants on menus, photoshoots, and digital content creation. She is a lifelong Kansas City Chiefs’ fan turned Swiftie and is always in her Reputation Era.