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Nyeh nyeh nyeh nyeh nyeh, you can't mock me!

Copyrighted Marxist

Cafepress shopkeeper can't capitalize on iconic image of Che

Photographer's estate claims you can't pictorially parody its omnipresent photograph





Editor's note: The following is a fictional piece about CafePress's all-too-real decision to forbid me from selling products containing a parody of the iconic image of Che Guevara -- you know, the one you see on all the t-shirts of the oppressed and downtrodden -- not to mention the disgruntled chic.

PS Also check out the Che Comedy Sketch to the right (Groucho Over Marx) and check out the Che Guevara Bowling Alley Pins here. (Remember, kids, the silly picture of Che Guevara is for illustration purposes only, to give you a sense of what it might look like if a webmaster were to make fun of Che Guevara.)



Luckless CEO
Webmaster Right, is everybody here? Oh, there's one straggler at the door. Phil, stop looking around like a worried rabbit, would you, and take a seat -- after closing the door behind you, please, sir (I said 9 A.M. sharp, Phil, and here we are going on 30, maybe 35 whole seconds AFTER that deadline. Remind me to thrash you with a wet noodle when this is over. Secretary Lovelace, I hope you ordered a new batch of those wet noodles I mentioned last week.)

No, seriously, gang: no one can make me frown today, because I just know I'm going to be thrilled with the September 2009 sales reports for our online Curiosity Shoppe at Quass.com. I can't wait to hear how much we're earning with our great, uniquely designed products.

But where to start?

Oh, I know: let's start with that cute little gila monster magnet: the one where the cute little beastie is sticking out an incredibly long tongue and going 'Surprise!' Ha ha! Oh, that is so cute: I know people have been scarfing that up for birthday gifts and Christmas gifts, etc.

Lori, you're our go-to person in the animal gifts department: Give us the sales figures on those Gila Monster magnets. (Ooh, I can't wait!)


Lori
Lori Well, um, sir, actually...


Luckless CEO
Webmaster Well, how many have we sold?


Lori
Lori We haven't, um...


Luckless CEO
Webmaster Out with it!


Lori
Lori We haven't sold quite as many as we had hoped.


Luckless CEO
Webmaster Um... Okay. But how many HAVE we sold. (Jeepers! What a sphinx the woman is!)


Lori
Lori Well, frankly, sir, we haven't sold any yet.


Luckless CEO
Webmaster What's that?


Lori
Lori I said we haven't actually sold any Gila Monster magnets yet, sir.


Luckless CEO
Webmaster You are absolutely kidding me!


Lori
Lori I wish I were, sir.


Pause



Luckless CEO
Webmaster Oh, well, not to worry: Our potential customers are no doubt still getting their head around the whole concept of a Gila Monster surprise magnet.


Lori
Lori Yes, sir.


Luckless CEO
Webmaster Besides, I just thought of a brand-new product that's going to knock everybody's socks off, even in a recession. You see, it's a political parody of...

But I want to save that great new idea of mine for some guaranteed good news at the end of this meeting.

First, I believe that Nick here has been tasked with telling us how those "You've got Taxes" t-shirts of ours are selling.


Musing happily
Ah, yes, it was a stroke of genius to put Edvard Munch's public domain Screamer on a t-shirt, with that shadowy background figure in pursuit crying: "You've got taxes!" Ha ha!


Pause


Andale, Nick: Give us the September sales figures for our funny tax-related t-shirt featuring the painting by Edvard Munch.


Nick
Nick Well...


Luckless CEO
Webmaster Yes, yes? (This has GOT to be good, folks!)


Nick
Nick The good news is...


Luckless CEO
Webmaster Yes?


Nick
Nick the Munch t-shirt sales figures were by no means worse than the figures cited for the gila monster magnet sales.


Luckless CEO
Webmaster I should hope not.


Nick
Nick So, if we add up the net sales of this product from all sources and venues in the month of September... allowing for VAT and sales tax...
Nick scribbling on notepad on conference table, as if performing complicated calculations
...


Luckless CEO
Webmaster Yes, yes?


Nick
Nick Let's see, 2 divided by 1... carry the 3...


Luckless CEO
Webmaster Out with it, man: How many of these t-shirts did we sell in September 2009?


Nick
Nick Well, taking into account all the relevant factors...


Luckless CEO
Webmaster Yes, yes?


Nick
Nick
after missing a beat
We've sold zero, sir.


Luckless CEO
Webmaster What?!


Nick
Nick Absolutely zero.


Pause


Nada, sir.


Pause


A goose egg. Diddly squat, a cypher.


Luckless CEO
Webmaster Enough already.


Nick
Nick Zip, zippo, zero, zilch...


Luckless CEO
Webmaster Cut!


Nick
Nick nil, nix, null, nowt, naught...


Luckless CEO
Webmaster Nick!


Nick
Nick
caught up in his own rhythmic eloquence
it's not gonna happen -- in your dreams, white boy, NO-WAY-dot-com! What part of "NEVER IN A MILLION BILLION YEARS" do you not understand, g --


Luckless CEO
Webmaster Snap out of it, Nick! We all appreciate the fact that you're a talented part-time DJ at the CatHouse under the no-doubt hip soubriquet of The Raj, but there's a time and place for everything.


Nick
Nick Yes, sir.


Luckless CEO
Webmaster With the possible exception of these lousy sales figures, that is, which I just can't believe.
mumble mumble


Oh, I know. George! What about that adorable 'night-night' poster featuring a cute little three-toed sloth sleeping in a birch tree? Now, that gift simply has to have been selling good in September.


George
George Well, let me check my numbers, sir.


Luckless CEO
Webmaster You watch, folks: This is where we'll really make up for the gila monster and Edvard Munch. Whose idea was it for an Edvard Munch tee-shirt anyway? It was obviously a stupid suggestion.


George
George I believe that you yourself suggested that gift idea, sir.


Luckless CEO
Webmaster George, how dare you speak the truth when you know perfectly well that I'm trying to insulate myself from reality right now by living in my own private fantasy world?


George
George Sir?


Luckless CEO
Webmaster Oh, just read the sales figures, will you? Honestly!


George
George Yes, sir: It says here that when it comes to our three-toed sloth 'night night' poster, we have sold a grand total of...


Luckless CEO
Webmaster Yes, yes?


George
George Well, zero, sir. None.


Luckless CEO
Webmaster You people are killing me up in here tonight!


George
George Sorry, sir.


Luckless CEO
Webmaster In fact, if I hear one more bad sales report like that, I'm going to call the police and tell them that you folks have designs on my life!


pause, employees warily exchanging cowed glances, boss with elbows on table, head cradled in hands



Luckless CEO
Webmaster I am just so GLAD that I came to this meeting this morning armed with a great idea for a new top-selling product -- otherwise, I'd be tempted to remark, a la the wonderfully understated lament of Kafka's protagonist in The Castle: 'Calls for a slight attack of despair.'


Nick
Nick Sir, why don't you read the rest of the sales figures. Surely there is some good news in there SOMEWHERE.


Luckless CEO
Webmaster What? Well, it's worth a try, I suppose. Let's see:

There's the bumper sticker that reads: "My other car is a chariot of fire" (Oh, that's funny!)
Sigh
but unfortunately we sold exactly zero of those in September 2009!


Nick
Nick Go on, sir: There's got to be a winner in there somewhere.


Luckless CEO
Webmaster Oh, here's a good one: It's another bumper sticker, reading "I brake for honeybees!"


Lori
Lori Oh, yes, I like that one myself. How many did we sell of those in September, sir?


Luckless CEO
Webmaster Let's see here, it looks like...


Lori
Lori Yes?


Luckless CEO
Webmaster None, zero, nada.


Nick
Nick Zilch, zero, zippo --


Luckless CEO
Webmaster That's enough, Master Flash Doggy Snoop!


Nick
Nick Sorry, sir.


Pause



Lori
Lori
trying to cheer her boss up
But, sir, you said you had a great idea for a new product that would definitely sell (for a change).


Others
Others Yes, yeah, tell us about it
etc.



Luckless CEO
Webmaster
cheering up
Oh, yeah: Wait till you hear about this folks: This is a gift idea that will definitely sell.


Others
Others Yes?!


Luckless CEO
Webmaster Now, it's a parody of that culturally iconic photograph of Che Guevara taken by that Korda guy.


Others
Others Yes?!


Luckless CEO
Webmaster See? Here it is, up on screen here.


Gasping


Now I've taken the original image and subtly altered the lips so that Che goes from looking dead serious to looking like (well...) something of an indecisive prat, actually.


Nick
Nick Oh, that's good.


Luckless CEO
Webmaster And then the text along the side of the image reads: "Sorry, folks, Violence was wrong, wasn't it?" followed by the words "my bad!" in parentheses.


Employees laughing, giving high-fives



Lori
Lori I think I speak for all of us, sir, when I say that you have come up with a political parody that is going sell like hotcakes for us and put us back in the black!


Employees cheering



Hunt
Hunt Uh, actually, sir, Lori doesn't speak for me.


Deathly silence



Luckless CEO
Webmaster And you would be?


Hunt
Hunt I'm one of your lawyers, sir: Hunt Bellamy. I work on the 5th floor in the Copyright Clearance Department.


Luckless CEO
Webmaster Okay, well, spit it out, sir: What objection could you possibly have to us selling a Photoshop-doctored image of that Che Guevara photograph in order to make the point that violence is wrong (even when it's championed by Mr. Cool himself)? -- especially if doing so might help us pocket a little money for a change?


Others
Others
Employees seconding question
Yeah? What's wrong with that? Yeah? Yeah?


Hunt
Hunt Well, I hate to say this, but...


Luckless CEO
Webmaster Yes?


Hunt
Hunt The estate of the photographer who took that photograph claims that it is copyrighted and cannot be used for any purpose without their permission.


Silence, during which several loud pins drop



Luckless CEO
Webmaster You're having a laugh.


Hunt
Hunt No, sir.


Luckless CEO
Webmaster Are you telling me that the iconic photograph of the Marxist Revolutionary par excellence is
gulp!
protected by the Capitalist tool par excellence of copyright?!


Hunt
Hunt Even so.


Luckless CEO
Webmaster But it's a cultural icon, Hunt!


Hunt
Hunt I know.


Luckless CEO
Webmaster Besides, I've checked: It was taken by the photographer in the course of his duties as an employee of the state-run media in Cuba and is therefore not protected according to U.S. law.


Hunt
Hunt I know that.


Luckless CEO
Webmaster The huge public domain archive at Wikimedia Commons finds no merit in the Korda position.


Hunt
Hunt You know us, lawyers, sir: We're conservative beggars.


Luckless CEO
Webmaster Conservative, huh? Try cowardly.


Hunt
Hunt But, sir --


Luckless CEO
Webmaster Better yet, try flat-out wrong: If anything is a cultural icon, it's the image of Che Guevara taken by Korda for Cuban media --


Hunt
Hunt I know, sir, but --


Luckless CEO
Webmaster Therefore, neither the man nor his estate has the right (God love them all, to be sure) to tell me that I can't poke fun at it!


Hunt
Hunt Yes, sir.


Luckless CEO
Webmaster Meanwhile, on every street corner, we see the self-righteous stern mug of that gun-happy malcontent staring me down, and I don't get to say anything about it by way of parody?


Pause


I have a good mind to run with the gift idea anyway, and sell the image on bumper stickers and hats and stuff by way of protest.


Hunt
Hunt Yes, but, sir...


Luckless CEO
Webmaster
resignedly
Don't tell me, Hunt: the CafePress people who host my site wouldn't let me defy the Korda estate like that even if I wanted to.


Hunt
Hunt Exactly, sir. Cafepress claims that the Korda image is, indeed, copyrighted, so...


Luckless CEO
Webmaster
glumly
I see.


Hunt
Hunt the image may therefore not be used on any product that is sold by a CafePress shopkeeper such as yourself.


Pause



Luckless CEO
Webmaster
Sighing
You know, my mother always wanted me to be a doctor.


Employees exchange nervous glances



Luckless CEO
Webmaster Well, don't just stand there, people. The meeting's over now: Get out there and move those gila monsters!


Others
Others Yes, sir, Mr. Sir, sir!


Luckless CEO
Webmaster What a world we live in: I can legally print up 500 t-shirts at this very moment depicting George Bush as Hitler, but I must not dare to riff on the iconic picture of Che Guevara: Oh, no! That image is sacrosanct: Oh, naturally!


Lori
Lori
pausing at door as last one out, boss still with head in hands at table
Don't beat yourself up like this, sir. We'll come up with more great product ideas soon.


Luckless CEO
Webmaster It's funny, some people get the last laugh...


Lori
Lori Yes, sir?


Luckless CEO
Webmaster But it seems like Che Guevara is going to get the last sneer, because it's literally against the law now to twist the man's lips into a smile by way of social commentary!










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