Apr 122008

I’m a big Frank Zappa fan. You all know that. The subject of Zappa comes up on a fairly regular basis around here. One thing I try to stress is this; Even if you aren’t a fan of FZ music, it is worthwhile to take a look at how he ran the business. We are in this period of neo-entrepreneurialism and digital, rugged individualism-the long tail, niche marketing and all that. Zappa was way ahead of the game on all of this. A pioneer so to speak. Frank Zappa, pioneer.

This is from an article in the Guardian.

The future of a festival in honour of Frank Zappa is under threat following demands by his widow for money for the right to use his name or his trademark moustache.

Gail Zappa is suing the organisers of the open-air Zappanale in the east German village of Bad Doberan, claiming they must pay £200,000 to use her husband’s name or change the title of the annual festival.

For starters, this is the kind of thing you expect to hear from the Elvis Presley estate, or some huge entity like that. “We own that name, you can’t use it.” You don’t expect it from the Zappa team. We are used to, what we perceive as huge, evil corporate types going after “the little guy”. For, the huge, evil corporate types are obviously bad guys and the “little guy” is always the good guy. Is Gail Zappa one of the bad guys now?

And, the moustache thing, well that just seems goofy.

Gail Zappa, who founded the Zappa Family Trust in 2002, wants a say as to which cover-bands should play at the event. She has also demanded that the logo – his trademark moustache and goatee – be scrapped, claiming she owns the sole rights to use it, and that a statue of Zappa in the village be removed.

Seems kind of unreasonable doesn’t it? Can you copyright a moustache? Telling these people that they can’t use certain bands! Telling the town that they need to remove a statue of Frank!!?? These people are trying to honor Frank Zappa! What nerve that Gail Zappa has, right?

The Zappanale started in 1990 after Bad Doberan emerged from the cold war and seized the opportunity to celebrate a musician whose avant-garde records had been banned under the communist regime. The festival attracts fans from around the world and has grown to become the biggest celebration of Zappa’s music.

See what I mean, here’s this town and they emerge from the cold war, they used to be behind the Iron Curtain for Pete’s sake and, they spent all this time, behind the Iron Curtain, unable to listen to Zappa records because they were banned; Banned! To them Zappa’s music is a symbol of freedom. They are celebrating freedom. Who could be against a celebration of freedom? And, really they are promoting Frank Zappa, right? ‘Cause fans from around the world come to celebrate FZ’s music and freedom. Ooohhh…that evil, greedy Gail Zappa.

The organisers took out a patent on the name almost 20 years ago. “It’s our opinion that we own the rights to the name,” said Thomas Dippel, the president of the society that runs the festival.

He said the festival, which should celebrate its 19th year in August, did not aim to make a profit and was £120,000 in debt.

Fans of Zappa, who died in 1993, have posted an internet petition, in which 2,500 signatories are calling on the Zappa Family Trust to withdraw its case.

Well that sums it up right there. They own the name. They don’t make a profit and the fans are against Gail.

Ooohhh…that evil, greedy Gail Zappa.

Now, we will get to the crux of the thin, crisp cracker.

I’m with Gail Zappa on this One Million Percent. You go Gail.

This festival is called “Zappanale”. They are using his name, pure and simple. This thing about “It’s our opinion that we own the rights to the name,” is nonsense. See, I could register the name, “Elvis Presley Peanut Butter Banana Bacon Sandwich Spread” but, I wouldn’t be able to use it to sell sandwich spread. The issue is that they are using Zappa’s name, even if it’s within another name. They are using Zappa’s name.

And, they are using his likeness. The logo for the festival invokes FZ and the name of the festival includes his name. So, they are clearly using Frank Zappa to promote this festival. There is no doubt about that.

“But, Jack-these people aren’t profiting from using Frank Zappa’s name and likeness. They aren’t even aiming to make a profit. It’s all very innocent.”

They may not be making a profit but, they are taking money in. If they aren’t covering expenses, that’s their problem not, Gail’s.

Look at it this way, there is a certain amount of money, every year, that will be spent on Frank Zappa related stuff. The reason Zappa fans are slogging over to Bad Doberan, spending their money to get there and, on tickets to the festival is, Frank Zappa. They would not be going to Bad Doberan otherwise. So, the amount of money that is spent on Zappa stuff every year includes all money spent at the festival by Zappa fans. So, this festival, even though they aren’t profiting, is reducing the Zappa family’s income.

Also, this festival is bringing money to the town of Bad Doberan. The merchants are making money off the backs of the Zappa family. Zappa fans converge and spend money on lodging, food etc. and they would not be there spending it if the town was not using Zappa as an enticement to come to Bad Doberan.

The bottom line here is-the Zappanale is taking income away from the Zappa family.

Gail Zappa isn’t saying that they need to shut down the festival. She wants a cut because, the whole reason that the festival exists is, Frank Zappa.

Maybe, this whole thing could be run better. Maybe, it should be making a profit, I don’t know.

All this stuff about the statue and the moustache and which bands play, that’s all peripheral; the kind of stuff that falls under legal posturing, leverage.

Gail is right, and you-2,500 Zappa fans-are dead wrong. If Frank were alive he would say the same thing. FZ was a capitalist and he would want you to be one too.

If somebody is using your name and, your life’s work to take in cash, whether that amount covers expenses or not, you deserve your share.

Rave on, Gail Zappa. You are in the right and I suspect that there will be some resolution in your favor.