Pez Candy Company Threatens a Super-Fan in Classic Copyright FAIL

The deeper one digs into copyright laws and how they are wielded the more confused I become.

First, I hear a story on NPR about a guy who runs a tiny Pez “museum” where lovers of the iconic candy dispenser often travel from miles away just to share in their obsession.  Sounds harmless, right?  In fact, I’d go further and say, we’re I the head of Pez, “Wow! That’s fantastic.  This guys is providing us with a wealth of free publicity and keeping our product firmly in the minds of our customers and we don’t have  to do anything but reap the rewards!”

Instead, the Pez people have done nothing but harass this guy…

Doss says this is not the first time he and Pez have crossed dispensers. When he first opened the place, Pez made him change the name from the “Pez Museum” to the mouthful it now is — “the Burlingame Museum of Pez Memorabilia.” Doss calls it harassment.

“It’s as if we’re making something here and putting their name on it. That’s not what we’re doing,” he says.

But Pez Candy Inc. says that’s exactly what the museum is doing. If it was just selling all things Pez, that’d be fine, they say. But, they add, you can’t sell things that aren’t official merchandise, like Pez T-shirts the museum printed up. And you can’t use that 7-foot-tall Pez dispenser the museum made, that stands just inside the front door.

Alan Behr is the lawyer for Pez in Connecticut. He says it’s not really a giant Pez dispenser because Pez doesn’t make a giant dispenser.

“It’s only Pez if we say it’s Pez. The same way you will not see a Mickey Mouse in the United States made by anybody but Disney,” he explains. “It’s only Mickey Mouse if Disney says it’s Mickey Mouse. Otherwise, it’s an infringement. You have to control what is core to your brand.”      LINK

Yes, the boldface is my own addition.  I didn’t want you to miss that last point.  According to the Pez Candy Company it is more important to control your brand (whatever the hell that means) than it is to support super-fans who have the potential to create sales both directly and indirectly.  Rather than give this guy a big pat on the back, they are turning him against them! Where is the profit in this? Where is the logic?!

It’s enough to drive a guy insane, I tell ya…

Also, will Pez Candy come after me for using an image of their dispenser with express written consent?  Stay tuned.

The Rise of the Curator

I wrote some (here, here) about the rising prominence of digital curators and how they are becoming a major force in driving web traffic.

I guess the term came up a bunch at this week’s PSFK conference, enough so that Grant McCracken brought it up in his blog a couple of days ago:

“Having been a curator once, my ears always perk up at the mention of the term  I am pleased that the term has taken on new meanings and new currency, that it has escaped the dusty corners of a museum and gallery world.  It and me, both.  Still, I wonder what this term is now being asked to mean, and why we should now find it now so compelling and fashionable.”

He makes some very interesting points and his perspective as a classic curator is great.