Zappa Festival Defends Itself from ... Zappa
Zut boF
The Zappanale has been celebrating the music of rock legend Frank
Zappa for almost 20 years. Now, though, Frank's widow -- Gail Zappa --
has sued the festival for trademark violations. She insists she is
only trying to protect her husband's "musical integrity."
AP
What would Frank Zappa have said?
In the end, it all depends on how you define Frank Zappa. Either the
outspoken rock legend was a beacon of freedom and independence
belonging to all who hoped for a better political future free from
pervasive government interference or he was an awe-inspiringly
multifaceted musician whose unique sound and one-of-a-kind
presentation is what keeps people listening today.
For most fans, of course, he is both. But a court in Germany on
Wednesday has the unenviable task of having to decide between the
two.
The case is called ZAPPA Family Trust v. Arf Society e.V., and it
centers on a music event known as the Zappanale. Held every summer in
the town of Bad Doberan, located close to the Baltic Sea coast in what
used to be East Germany, the three day festival attracts thousands of
fans eager to hear Zappa cover bands and what the organizers call
"Zappa-esque rock."
But the nonprofit group Arf Society, which organizes the event, also
sells merchandise complete with the unmistakable logo depicting
Zappa's unique facial hair, the moustache-soul patch combo. And that,
says Gail Zappa, Frank's widow and head of the Zappa Family Trust,
violates the Zappa trademark. She is suing the group for EURO 150,000
($236,000) in damages and an additional EURO 250,000, should the Zappanale
continue selling Zappa merchandise
Her real concern though, she says, is her husband's legacy.
"One of the reasons you file a trademark is to protect the works of a
person," Gail Zappa told SPIEGEL ONLINE in a telephone interview. "I
felt we were getting into territory where we were putting the audience
at risk in terms of who Frank was. You become concerned."
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publication. The Zappanale was first held in 1989 prior to the fall of
the Berlin Wall. It was, says Arf Society President Thomas Dippel, a
small affair made up of "about 80 Zappa freaks" and two cover bands.
And it certainly wasn't without risk. Zappa records were banned in
communist East Germany and were expensive on the black market. Arf
Society treasurer Wolfhard Kutz, who first heard Zappa as a 17-year-
old in 1972, found out after the Wall fell that he had been a favorite
target for East German secret police snoops. The Stasi even wrote in
Kutz's file that he "knows how to influence the youth with Zappa."
Since then, the Zappanale, has grown to its current three-day format
with 17 bands playing for Zappa fans who come from around Europe to
attend -- and pay EURO 80 ($125) for the pleasure, a price that also comes
with a campsite.
Usually, though, Dippel says, the Arf Society is just happy to break
even on the festival, and any extra money goes into booking better
bands. Indeed, he says, they are happy if they can break even. Should
the court on Wednesday decide in favor of the Zappa Family Trust, the
Zappanale will appeal, he says. But he also fears that losing in the
courts could mean the end of the festival.
"The reactions we have received are almost all completely furious with
Gail Zappa," Dippel told SPIEGEL ONLINE. "I have the impression that
she wants to prevent Zappa music from being played, except by her son
(Dweezil). Zappa his whole life long was for artistic freedom. There
is a story, though it may not be true, that Zappa on his deathbed
said: 'Play my music, whether you're a musician or not, play my
music.'"
Indeed, the disagreement between Gail Zappa and Dippel's group quickly
transcends trademark and boils down to the legacy of Zappa, who died
in 1993 at the age of 52. What would Frank Zappa do?
Dippel, who helps organize the festival in his free time, is convinced
that Zappa would be horrified by his wife's aggressive pursuit of
Zappa trademark violations. The Zappanale has not been her only recent
target. A number of blogs have likewise been served papers for posting
Zappa music or videos and some YouTube videos have also been taken
down. Many Zappa blogs are full of strident critique of the Zappa
Family Trust.
"She is harming Frank Zappa's legacy much more than she is helping
it," Dippel says. "I have talked to a number of people who are
planning on boycotting all Zappa products in the future."
Despite all his blasting of the government and of efforts at what he
called "social engineering," Zappa was also a great believer in
American-style capitalism -- and in strictly obeying copyright laws.
He even made sure to pay royalties for the use of John Cage's
completely soundless composition "4'33"." Even if Zappa referred to
the Zappanale as "great" and "amazing" in a 1991 interview with the
now defunct fanzine Society Pages, Gail Zappa is certain he would not
disapprove of her copyright and trademark crusade now.
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"Would the Zappanale folks be doing this if Frank was still alive? No
fucking way," she says. "We licensed performances when he was still
alive. But you at least check to make sure they do a good job. I'm
sure he would probably do what I am doing."
Dippel says that the Zappanale has long tried to get the kind of
official rubber stamp that Gail Zappa insists is available. He claims
that letters have been sent and that Zappanale people even met with
Gail in Amsterdam at the beginning of the 1990s. He also says that he
invited the Zappa family -- including Gail, Dweezil and Moon -- to an
unveiling of a Zappa statue that now graces Bad Doberan.
Gail -- who refers to the statue as an "impish creature" that "doesn't
look like Frank Zappa unless you argue that putting a moustache on any
face looks like Frank Zappa" -- says that very little communication
has taken place with the Zappanale. "I've long known that there was
this quote-unquote festival slash event slash what the fuck," she
says.
But she also claims that the organizers have not responded to requests
by her lawyers to detail exactly what kind of products they are
selling and how great the turnover is. She insists, however, that her
primary concern is the music. "My obligation, which I cannot be
relieved of by anyone other than Frank Zappa, is to protect the intent
and integrity of his music," she says. "That's my job. I have no
choice."
Dippel is unconvinced. "Why is she really doing this," he wonders?
Charles Ulrich
<5f6903a2-6531-4a0e...@d1g2000hsg.googlegroups.com>,
Zut boF <zut...@hotmail.com> wrote:
> The Zappanale was first held in 1989
1990
> prior to the fall of the Berlin Wall.
--Charles
