Annie Korzen’s infectious chuckle and innocent question—“Was it crispy?”—made her a viral TikTok sensation at 86. Now, that same viral moment has ignited a fierce debate about creator rights after ice cream giant Maxibon used her likeness in an ad campaign without permission or payment, leaving the internet demanding justice for the beloved content creator.
The Origin of the “Was It Crispy” Phenomenon
In 2021, Korzen’s playful interrogation about Krispy Kreme donuts captivated TikTok. Her video, asking “Have you ever had a Krispy Kreme?” followed by the iconic punchline “Was it crispy?” when told it wasn’t, exploded with over 1.5 million views. The clip became a cultural touchstone, with Krispy Kreme itself calling it “iconic.” Korzen, a former television actor, leveraged this fame into a memoir, The Book of Annie: Humor, Heart, and Chutzpah from an Accidental Influencer, detailing her journey from Hollywood to viral stardom. The meme’s enduring appeal lies in Korzen’s genuine delivery and the absurdist humor of expecting crispiness from a doughnut—a moment that felt universally relatable.
Maxibon’s Unauthorized Use Sparks Outrage
On July 1, 2024, Maxibon Australia posted a TikTok ad promoting its Krispy Kreme ice cream collaboration. The video prominently featured Korzen’s original “Was it crispy?” clip without her consent. Text overlay boasted, “we kinda snapped with this one ngl.” Korzen discovered the ad weeks later, commenting: “I am not paid or credited with being in this ad. What’s up with that?” On August 4, she posted a video response, stating: “They have put up a video using me, using my image, using my words to sell their product… This isn’t just wrong—it’s likely illegal.” She emphasized she wasn’t seeking harassment but fairness: “I’m open to working with brands, but using my original content without credit or pay is unacceptable.” Public reaction was swift, with comments flooding Maxibon’s post: “Credit and pay Annie!” and “Get a lawyer and get your money.”
Legal Precedents in Meme Copyright Battles
Korzen’s case highlights a growing tension between brands and creators in the meme economy. Legally, memes aren’t “free to use” simply because they’re viral. In 2022, a landmark U.S. case saw photographer Laney Griner awarded $750 after politician Steve King used her “Success Kid” meme in fundraising without permission. As noted in the Harvard Law Review, fair use exceptions are narrow and commercial usage rarely qualifies. Legal experts like the Electronic Frontier Foundation stress that unauthorized commercial exploitation directly harms creators’ income opportunities. Maxibon’s parent company, Froneri (a Nestlé joint venture), faces potential legal action, as Korzen’s uncredited appearance could establish a damaging precedent for her ability to license her content.
The battle over the ‘Was It Crispy’ meme underscores a critical digital-age truth: viral creators deserve the same respect as traditional artists. Korzen’s stand isn’t just about compensation—it’s about recognizing that internet culture is built by real people. As brands like Maxibon chase relevance, they must remember that memes have makers. Follow this developing story and demand ethical crediting practices from corporations.
Must Know
What is the “Was It Crispy” meme?
Created by Annie Korzen in 2021, the meme features her asking if a Krispy Kreme doughnut was “crispy” after being told it wasn’t. Its deadpan humor made it a viral TikTok sensation, endorsed by Krispy Kreme itself.
Why is Annie Korzen upset with Maxibon?
Maxibon used her original video in a July 2024 ad campaign without permission, credit, or payment. Korzen called this “wrong” and “likely illegal,” stressing she’s open to partnerships but requires proper compensation.
Are memes protected by copyright law?
Yes. Legal precedents like the 2022 “Success Kid” case confirm that using recognizable viral content commercially without permission violates copyright. Fair use rarely applies to brand promotions.
Has Maxibon responded to the controversy?
As of publication, Maxibon Australia and parent company Froneri haven’t publicly addressed Korzen’s allegations or user demands for compensation. We’ve contacted both for comment.
What can creators do if their meme is misused?
Document usage, send a cease-and-desist letter, and consult a copyright attorney. Creators like Korzen can also leverage public platforms to raise awareness, as seen in her TikTok callout.
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