Imitating "Dummies" For Dummies
By Lynn Andriani -- Publishers Weekly, 12/13/2007 9:26:00 AM
In the movie Evan Almighty, the character played by Steve Carell sets out to build an ark. What book does he consult for this endeavor? Ark Building for Dummies, of course. Late night comedian Jay Leno made audiences howl by featuring Divorce for Dummies by Hillary Clinton, Third Reich for Dummies by Pat Buchanan and Killing Your Parents for Dummies by the Menendez Brothers. And one Facebook user's page features Do It Yourself Colorectal Exams for Dummies. But you won’t find any of these books on Amazon. They don’t exist.
Since its launch in 1991 with DOS for Dummies, the Dummies brand has become a cultural touchstone. From the mundane—Bond Investing for Dummies—to the arcane—Beekeeping for Dummies—the books are universally recognized, with their black-and-yellow covers featuring a triangular-faced character holding up his finger as if to say, “Even dummies can learn French verbs!” But what happens when universal recognition turns to parody, unauthorized use, copyright and trademark infringement?
That’s where the legal department of John Wiley and Sons (which owns the Dummies series) comes in. The company lets a lot of it slide. Ark Building, Third Reich, Divorce by Hillary Clinton and Killing Your Parents doesn't upset Wiley. Neither does the Facebook application that lets users generate their own Dummies book covers. Deirdre Silver, legal director of Wiley’s professional and trade division, says, “That’s not a use that we would see sparking any consumer confusion. We certainly don’t see it as trademark infringement. Quite the contrary. It’s an acknowledgement of the strength of the brand and its place in the culture.”
But problems arise when the company sees uses of the Dummies brand that are commercial infringements: e.g., if someone actually writes a book, puts a “For Dummies” cover on it and sells it. Silver says she and her team—Wiley’s legal department has three people who enforce proper use of the Dummies brand—would, and do, pursue such uses. Depending on the volume and type of use, and how much money has been made from it, Wiley either handles it in-house with cease and desist letters, takes legal action, or has outside counsel step in. Silver says the company has obtained settlements and judgments ranging from three to five figures. As one example, Silver cites the huge volume of Hip Hop for Dummies mix CDs on the market: “We’ve seen probably dozens of different people who are producing Dope Mixes for Dummies.”
And then there are instances where people actually copy the content of Dummies books and sell it. Silver says she sees a lot of unauthorized e-book versions of Dummies books, as well as P2P file sharing versions.
On the flip side, Wiley is happy to work with people who want to produce their own Dummies-related items, and actively pursues opportunities for custom publishing and brand licensed products. Marc Mikulich, v-p of brand management for the Dummies series, says, “If somebody wants a Dummies book for their 401(k) program, we’ll do that. It runs from musical instruments to cocktail shakers to art sets to software to pet grooming to telescopes.”
But Mikulich and Silver aren’t fazed by Dummies books showing up in pop culture. “It’s the fun that comes with the process,” says Mikulich. Wiley doesn’t charge for the use of Dummies books (real or fake) for entertainment purposes. “If somebody wants to have Dummies wine glasses,” he says, “that’s a royalty bearing license. But just to use a book in a scene or a movie? No, we’re happy just so long as the book is used in a way that’s positive.”
