Posted by aubin on Wednesday, December 19, 2007 at 1:00 PM (EST)
As the Camel Advertorial Controversy continues to escalate, Toronto-based hardcore act Fucked Up have teamed up with Xiu Xiu to launch a class action lawsuit on behalf of all the bands named in the ad.
According to this report from the Daily Swarm, The suit names R.J. Reynolds Tobacco Company (the parent company of Camel cigarettes) and Wenner Media (the publisher of Rolling Stone) and claims the companies misued the artists names, misused them for commercial advantage (right of publicity) and takes them to task for unfair business practices. The suit goes on to accuse both the cigarette company and the magazine of engaging in "despicable conduct" that was "illegal under settled, unambiguous California statutory and common law." The lawsuit demands Rolling Stone publish an admission that the artists' names were used without consent in a spread equal in size to the original ad, as well as seeking actual and punitive financial damages. (Under California law, this could conceptually amount to $750 per issue of Rolling Stone, per band, or a whopping $195.3 billion Budding lawyers and/or masochists can check out the entire PDF version of the complaint here. Jade Tree Records (60 comments)
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baldsteve (December 19, 2007)
Is the lawsuit and all the bitching actually necessary? I'm not exactly sure but wasn't it just some pull out map with band names on it with a tobacco ad on the other side? If I'm wrong then I've just misunderstood but it's not like they are superimposing the bands faces on porno pictures or something. 1+ Reply
fallingupwards84 (December 19, 2007)
i'm getting so sick and tired of all this anti-smoking bitching. its really getting old. 3+ Replies
ZombieCrush (December 19, 2007)
If this lawsuit in anyway helps to destroy Rollingstone then I am all for it. Take those bastards to the cleaners! 1+ Reply
Archangel (December 19, 2007)
This doesn't seem to be about the smoking, really, but about ANY major corporation that tries to capitalize on independent music and sell shit to idiots.
Dante3000 (rich) (December 19, 2007)
Can anyone tell (or show) me what the original ad looked like? 3+ Replies
Torgo (December 19, 2007)
I can't believe there are so many people on this site stupid enough to think this is about smoking. 3+ Replies
moneenerd (December 19, 2007)
This doesn't seem to be about the smoking, really, but about ANY major corporation that tries to capitalize on independent music and sell shit to idiots.
ashtraymonument (December 19, 2007)
well if that money gets split up amongst the bands, i'm all for it.
Tobin_Ownlife (December 19, 2007)
I already got their point. The bitching is getting rediculous. Do they really need billions of dollars to turn this wrong into a right. I understand why they are pissed but in the words of a nearly crippled stand up comedian, "Come on guys."
AstronautJones (December 19, 2007)
which rag is more worthless? AP or rolling stone? 6+ Replies
FuckYouOiOiOi (December 19, 2007)
you people are fuckin stupid. rolling stone fucked up and now their getting shit from all the bands they fucked. whats wrong with that? 1+ Reply
chrisarena (December 19, 2007)
The whole issue here can be broken into two parts. The first is that the article/advertisement broke tobacco advertising laws that were put in place over 10 years. The law stated that any advertising by tobacco could not include any sort of cartoon imagery. The way that the article/advertisement is set up depicts imagery that may or may not be considered in a such a nature.
The second part is that the "article" is embedded within an advertisement, thus all of the bands that were depicted in the spread needed to give Rolling Stone an OK before it could be published. That didn't happen, which obviously is going to piss off people who are getting their name endorsed by a corporation/product that many don't want to be associated with. This type of advertising has become pretty routine in publications like Rolling Stone. It'll be interesting to see what ha show rest of comment
YahHey07 (December 19, 2007)
It's politics. Say that Exxon decides to air ads that support Democratic candidates in the upcoming election. Democrats that see this are likely to jump to the conclusion that "oh, now the democrats are working with Big Oil, let's boycott this person/party because it goes against their and our ideals." Much like the party losing support, here bands will lose support, which is in reality very unlikely. But for the principle of it, this is a necessary action by Fucked Up. Had someone not done this now, take a look at who's on the list that would've taken action eventually. Are you saying that Fugazi would be "dumb and bitchy" to let this one slide?
IP-Freely (December 19, 2007)
The whole point is that camel tried to cash in on the popluarity of independant music with this "article". The whole ridiculous thing was a pull out section that had a large advertisement saying "commited to supporting and promoting independant record labels" with the camel logo on the back, and by listing a large number of independant bands with rising popularity impilied that they supported said artists and vice versa. Most saw it for what it is(bullshit) and now Rolling stone and camel are playing stupid.
deancurran623 (December 19, 2007)
they'll never win that much money, but i support what they're doing
NotPatriotic (December 19, 2007)
Has anyone else heard a rumor about RJ Reynolds buying up a bunch of land in Northern California to start growing Marijuana? This hippy girl I know told me about it a couple of days ago, weed may become legal. Hooray! 4+ Replies
Earl (December 19, 2007)
Shit id sue for money if i could, they have the right. Im all for smoking but id rather have the cash
AstronautJones (December 19, 2007)
it would be awesome if, on top of all this, the bands actually smoked camels. 4+ Replies
boombalonga (December 20, 2007)
I once heard Fugazi on DC101 (a major music/pop station in DC) and wrote Dischord about it being as Fugazi's pretty much anti anything "major" or "mainstream." Dischord told me radio stations can play whatever they want and don't need their permission. It's probably the same thing here. If a radio station can play whatever they want why can't a magazine print the band's name whenever they want? | Features
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this would be the strangest double bill ever.