Forget NEIPA, the real beer trend of 2018 is flagrant disregard for copyright.
Photo modified and used under Creative Commons licence. Credit: howtostartablogonline.net via Flickr.
Each year, throughout early May we see a lot of what seems like copyright infringement in the beer world. There seems to be a significant crossover in the craft beer and Star Wars fan demographics.
Some time ago I suggested breweries look at intersecting demographics and reaching consumers outside of beer circles. While I take absolutely no credit, it seems some breweries took things too far.
We’ve seen companies crack down on copyright infringement in beer before. You’d think that’d be a lesson for them. Apparently not.
I’m not the only one who’s noticed…
Got this text from [redacted]. The Aussie beer industry has so little regard for trademark and IP law that an article won’t change anything. pic.twitter.com/kbFfBbq5vj
— Real Ale Of A Time (@AleOfATime) May 2, 2018
Luke’s right, an article won’t change anything. Things have gone way too far. However, I wouldn’t be fulfilling the purpose of this site if I didn’t write something about it, compelling breweries not to risk their futures for the sake of a fun beer label.
Silly And Hubristic
Disregarding the fact “May the 4th” follows the American dating system (admittedly “4th of May be with you” doesn’t have the same ring or pop culture relevance), the cashing in on a major film franchise just seems silly and the tone with which these beers are announced seems hubristic.
Just in case anyone forgets, the Star Wars IP is now owned by Disney. Disney, who have famously generous lawyers…
We’ve seen breweries use other pop culture references which come perilously close to copyright infringement.
Yes, we all love Street Fighter, Tron, Star Wars and a million other video game and sci-fi canons. We love them because they’re magnificent, complex pieces of creative work. But they’re someone else’s creative work. They’re not yours to slap on a beer can and use as a short cut to get wonderful, enthusiastic geeks to buy your product.
We love video game and sci-fi canons because they're magnificent, complex pieces of creative work. But they're someone else's creative work, not yours to slap on a beer can. Click To TweetStormtroopers In Wigs And Gowns
As expressed in the tweet above, it’s only a matter of time until lawyers start unholstering their blasters. There are enough examples in the beer industry of breweries having to defend their trademarks and identity. The actual legal requirements are slightly more complex but for the sake of brevity, you can lose it if you aren’t seen to defend it.
If breweries can defend their own trademarks, then major entertainment franchises will sure as Hoth do the same, no matter how relatively small the offending party is.
I’ve Got A Bad Feeling About This…
Frankly, many of these breweries won’t have a leg to stand on. In some cases, the labeling of beers has gone so far past fair use, it’s just an egregious disregard for someone else’s intellectual property rights. “Fair use” is a difficult area to tip toe around. If breweries don’t have the cash for proper legal advice then maybe it’s best just to avoid the lure of the dark side of IP law.
In some cases, the labeling of beers has gone so far past fair use, it's just an egregious disregard for someone else's intellectual property rights. Click To TweetBreweries, I’ve got a bad feeling about this… please stop now before something terrible happens!