The Farm: [not] Free Range Music
p2pnet news | Music:- “The site is temporarily unavailable,” says a Google cache for www.thefarmrocks.com/ and the site itself doesn’t even begin to come up. All you get is a blank.
On the cache for ‘The Camel Farm – Free Range Music – Login,” you get:
R.J. Reynolds Tobacco Company only markets its tobacco products to legal age tobacco consumers. In order to be eligible to receive mailings from us, you must certify that you are a legal age tobacco consumer and want information and promotions concerning our products. We will also verify that you are of legal age to use tobacco products.
New Camel cigarette ad namedrops some Termbo’s, says the head to a December 4 post on Terminal Boredom, with pix like the one on the right from the entire spread, which used to be on Rolling Stone, ‘used to be’ being the operative phrase.
“Camel ads coupled with illustrations promoting rock music in Rolling Stone magazine violate the tobacco industry’s nine-year-old promise not to use cartoons to sell cigarettes, prosecutors in various states said,” according to Associated Press at the beginning of the month in a story which goes on:
Attorneys general in at least eight states planned to file lawsuits against R.J. Reynolds Tobacco Co. starting Tuesday about the advertising for Camel cigarettes in the November edition of Rolling Stone, officials said.
The section combines pages of Camel cigarette ads with pages of magazine-produced illustrations on the theme of independent rock music.
Back to Terminal Boredom, “so the bands had to okay this right?” – asks tahiti amin.
“im pretty sure they didnt.,” answers sarim. “i got in the car one day and daniel just whipped it out and showed it to me. termbo payola.”
Now, “Fucked Up vs. Rolling Stone. Fucked up vs. Camel cigarettes,” says the head to a Daily Swarm story. “It may be the first time those words have seen a ‘vs.’ in the middle.”
It’s probably also the first time any of those words had been seen together in any kind of combination 
But they show up in a a legal complaint filed in Alameda County, California, says the post, going on:
Indie rock bands Xiu Xiu and Fucked Up today filed a class action lawsuit against R.J. Reynolds Tobacco Company (the parent company of Camel cigarettes) and Wenner Media (the publisher of Rolling Stone) alleging the unauthorized use of artists’ names, unauthorized use of artist names for commercial advantage (right of publicity), and unfair business practices, all in regards to the ‘Indie Rock Universe’ multipage advertising section that appeared in the 40th Anniversary issue of the magazine published on November 15.
The class action, which was instigated by Xiu Xiu and Fucked Up but filed on behalf of 186 bands and artists featured in the pull out spread, accuses 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).
The class action lawsuit follows closely on the heels of a similar complaint filed two weeks ago by 8 states Attorneys General against R.J. Reynolds, alleging that the ‘Indie Rock Universe’ section and Camel’s ‘The Farm’ promotion violated the 1998 Master Settlement Agreement between 46 states and tobacco manufacturers, and the company could face fines in those cases of $100 million. (A copy of the California complaint can be found here.) But the bands’ lawsuit filed today is the first time that Rolling Stone is being held accountable for its role in the advertising section.
And under clips from the defining sections of the complaint, “In other words, the lawsuit asserts Rolling Stone actively colluded with Camel in creating the ‘Indie Rock Universe’ cartoon to be specifically placed in the midst of Camel’s Farm advertisements, to associate these musicians and bands with Camel cigarettes’ professed support of the independent bands, labels, and rock music scene.”
The case’s success depends on the bands and their lawyers, “convincing a jury of the truth of these allegations,” adds the Daily Swarm.
The Rolling Stone The Farm: Free Range Music “commitment” to indie music used, “photographic images of people in 1950s dress, farm animals, an old-fashioned tractor and furnishings like a phonograph against a farm backdrop,” says AP. “Those pages fold out to reveal a four-page illustrated spread of an “Indie Rock Universe” with animals, imaginary figures and other drawings.”
But, “David Howard, a spokesman for R.J. Reynolds in Winston-Salem, North Carolina, insisted that the Camel ads contained no cartoons and that the ad campaign is aimed at adults. While the company was surprised and concerned by Rolling Stone’s illustrations, R.J. Reynolds bore no responsibility for it, he said.”
Definitely stay tuned.
Jon Newton – p2pnet
Also See:
Associated Press – States to sue R.J. Reynolds for Rolling Stone ad, December 5, 2007
Daily Swarm – The Indie Rock Universe Strikes Back: Fucked Up and Xiu Xiu file class action lawsuit against Camel and Rolling Stone, December 17, 2007
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