“You’re entitled to compensation”: The “Was It Krispy” lady calls out brand for using her face and words in an ad without notice
As brands become more involved in internet culture, it’s not uncommon to see major names play into online trends.
Browse the X or Instagram feed of a major, youth-oriented brand, and you’re sure to find content riffing on the memes of the day. Sometimes, brands engage with this content effectively; other times, their attempts to join the conversation end up generating more controversy than acclaim.
One of the problems with brands becoming involved in online spaces is that, in some cases, using a meme can mean appropriating another person’s content. If one does that without proper attribution and payment, issues can arise, as the makers of Froneri Peters Maxibon are currently learning.
What is the “Was It Crispy” meme?
In 2021, now-86-year-old Annie Korzen (@akorzen) posted a video to TikTok in which she asks the person behind the camera, “Have you ever had a Krispy Kreme?”
When the cameraperson says they have, Korzen responds, “Was it crispy?”
“No,” the cameraperson responds.
“Good, right, right,” Korzen answers.
@akorzen #krispykreme ♬ original sound - Annie Korzen
This video quickly went viral, with Krispy Kreme itself calling the clip “iconic” in a comment. Korzen eventually attracted so much attention that she published The Book of Annie: Humor, Heart, and Chutzpah from an Accidental Influencer, which discussed her life from her television acting career to her renewed career on TikTok.
What’s the Controversy?
On July 1st, the official TikTok page for Maxibon ice cream in Australia posted a video that used clips of Korzen’s original viral clip.
Using Korzen’s original video, the TikTok page advertises the collaboration between Maxibon and Krispy Kreme in Australia, writing in the text overlay, “we kinda snapped with this one ngl.”
The problem? It appears that the company neither credited nor paid Korzen.
“I am not paid or credited with being in this ad. What’s up with that?” Korzen wrote in a comment on July 27 under the advertisement.
@maxibonaus wAs iT kRIspY????
♬ original sound - Maxibon
Korzen later posted a video on her own account addressing the issue.
“There is a collaboration between Maxibon and Krispy Kreme, and they have put up a video using me, using my image, using my words to sell their product,” alleges Korzen in her August 4th TikTok video. “I am not credited. I am not paid for it.”
In this video, Korzen stresses that she is not trying to tell anyone to “bully” or “harass” the brands mentioned. Instead, she says she is simply “interested in…fairness and credit and compensation and respect.”
“I was shocked to see @maxibonaus use my first viral moment in their ad without permission,” she details in the caption. “After multiple failed attempts to reach them, I’m speaking out. This isn’t just wrong—it’s likely illegal. I’m open to working with brands, but using my original content without credit or pay is unacceptable.”
@akorzen I was shocked to see @maxibonaus ♬ original sound - Annie Korzen
She’s not the only one
Memes have become a legal battleground for brands. Given that memes are freely shared around the internet, many believe that they are able to use them without attribution, or that their variation on the meme would fall under the United States’ fair use guidelines.
Whether use of a meme qualifies as fair use depends on the specific usage — but some creators have historically argued that, in certain cases, it does not.
For example, in November 2022, a jury found that former U.S. Representative Steve King's political campaign had broken the law by using the “Success Kid” meme in a fundraising appeal. Consequently, Laney Griner, the original photographer, was awarded the legal minimum payment of $750.
In general, legal experts advise that one is okay to share memes so long as doing so does not interfere with the creator’s ability to earn money from their content. As Maxibon neither paid nor received permission from Korzen, it could be argued that the brand was interfering with Korzen’s ability to earn money from her content, as it may establish an implied precedent that her content can be used without attribution or compensation.
Commenters are angry
In the comments section of both the original ad and Korzen’s response, users are begging Maxibon to offer attribution — and compensation — to Korzen.
“Get a lawyer and get your money,” advises a commenter.
“Annie, you're an influencer, and influencers are the go-to top strategy for agencies nowadays. An agency made that ad. They gambled on you not knowing you're entitled to compensation. Call your agent!” declared another.
“You have professional acting experience. You need to get a lawyer on them. They are not allowed to do that to you,” shared a third.
“I’m glad I’ve never had a Maxibon, and never will until they CREDIT AND PAY ANNIE!!” exclaimed a further TikToker.
We’ve reached out to Korzen via website contact form and Peters Australia via media contact form.
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