Advertisers have stolen my zine!!!!

[Sticky Institute]

Hello zine people,

Luke from the zine YOU here. YOU is a free weekly paper zine that has appeared every week since November 2001. The zine is distributed in Australia by Sticky, Bird In The Hand Zine Distro and the Format Zine Shop, in the US by Microcosm Publishing and in the UK by Corn Dog Zine Distro (as well as many other friendly people across the zine world).

There is a glossy fashion magazine published in Melbourne called 'Fashion Journal'. In issue number 93 on page 52 an Australian fashion label called 'Nana Judy' has used images from my zine in a glossy full page advertisement for their label. They did not ask my permission to use the work and did not ask or get any consent to use the work. If they had asked me to use the work I would have said no. So my question to you is what should I do about this?

Thanks,

Luke You.

[NicoleIntrovert]

Website: http://www.nanajudy.com.au/
Email: [e-mail]

I suggest sending them a Cease & Desist letter. There is some info on them here: http://en.wikipedia.org/wiki/Cease_and_desist

This is absolutely awful. I am so sorry this happened.

[Dan 10things]

If they used it as a prop in a photoshoot, like the full zine sitting on a table or someone reading it, I'm pretty sure they can legally. Although I will say when a horror movie was shooting in Seattle and wanted to use my old magazine with a few others sitting on table in a scene, they contacted every publication to get permission (I was stoked, I love horror movies). Hollywood movie execs cover their asses on every detail like that.

If they took images from the pages your zine and reprinted them without permission, then that's definitely a copyright violation, unless you say your zine is copyleft/fair use.

Either way, I'd write a cease and desist letter. And if it's the latter case, I'd actually threaten legal action if you aren't financially compensated for your artistic work and breach of copyright. You may be able to get some cash out of them. Vice Magazine was notorious for stealing stuff from other publications in their early years, they reprinted my photos from my zine, but I never cared too much since they also reviewed my zine once or twice and gave me good press.

[Giz]

it' sucks, and it shows taht zinesters COULD do money, but they do not WANT it. so THEY (the corporate $hit who use this free-material) sucks a lot.

I like your zine too.

[Sticky Institute]

Hey everyone,

Thanks for all of your ideas. If you want to see the image you can go to www.fashionjournal.com.au and check out the current issue which is issue #93. The ad is on page 52.

I'm still confused about how I feel about the whole thing. There is a whole big scary world out there kids!!

Luke You.

[Bree]

wow that sucks , the title is really obvious as well and there are mutliple pages in the ad. I know it's not professional but I think we should all e-mail the company and complain

[Dan 10things]

I downloaded the PDF and found the photo in question. So it's an ad for Nana Judy fashions, and it's basically a black and white photo of a nerdy hipster looking dude in glasses sitting on the floor in a doorway looking at some pages of the zine on the floor. It's essentially a prop in the photo. I don't think they are violating copyright and it's actually kinda a cool looking advertisement. Maybe will get you more orders? But I'd be pissed that they didn't simply contact you and ask for permission, that would have taken them like 10 seconds. And if you don't want to see the ad running in other magazines, you should pursue it by sending them a cease and desist order for using your zine in their ad without expressed written permission. But I don't know, I'd be kinda stoked, save for them not fucking asking you.

[Sticky Institute]

Hi Zac,

The nerdy hipster in the photo is not me. The ad people have used my zine in their photoshoot.

Luke.

Zac said:

So Luke,

Is the actual image of a man reading YOU what they stole, or is it just that "YOU" is in the picture?

[Dan 10things]

Well I don't think you can blame the magazine the ad ran in, they wouldn't know if Nana Judy got permission or not.

Copyright and using/borrowing images is a difficult subject in zining, because most of us have at one time or another used stolen images from magazines or books, or used the image of a product or something as a prop in a photo. But we're the small guy, stickin' it to the man, so it's OK, right? I know for myself, I made a conscious effort at some point to start using only original photography and artwork in my zines, but before that I had stolen images left and right.

[ciaraxyerra]

i think dan's point is that the way the zine was used in the photo, luke unfortunately doesn't have a lot of legal ground to get them to pull the advertisement. it would have been classier & better from a legal standpoint for the ad company that came up with the ad to contact luke (if possible--i know "you" doesn't usually have contact info in it) & ask about using the zine in the photo, but...the ad company is within its legal rights, regardless of moral rights & wrongs.

[Amazing Sunflower]

I just looked at Fashion Journal #93 on line. I think the whole magazine is ridiculous! If it weren't supposed to be serious, I would find it hilarious. There is much to find offensive there.

And in the ad Luke's zine was all ripped up! That part is sad too! Who rips up their zines and scatters the pages in a hallway? Weird!

I'm sorry you are having to deal with this, Luke. The company should have gotten your permission.

[Serah-Marie]

For sure I'd have to agree Fashion Journal is not really accountable for the ad.

It's also interesting to mention that a lot of zine makers often steal imagery from big companies, but would hate if the reverse happened. I know once a girl used images from a compilation zine I put together in her zine...I didn't care but the people who made the artwork I had published sure did. In the end it was easily corrected.

This this is a weird one, using your zine as a prop in a shoot. I have no idea of the legalities of it all, but I'd be sceptical you have much power. However, if it were me, I'd for sure email them and explain the situation. They don't look like a huge company (but maybe they are? I'm not from Australia) maybe you can work it out to be compensated or at least they can stop using the ad if you want them to. I'd be really curious to see how this turns out - keep us updated!

[NicoleIntrovert]

Just to be fair... YOU isn't a basic formatted zine. I have seen it come in many random forms, including with a envelope and a piece of broken record. I'd be pretty sure the zine wasn't ripped for the shoot. But Luke could correct that if i am wrong.

Chantel G. said:

I just looked at Fashion Journal #93 on line. I think the whole magazine is ridiculous! If it weren't supposed to be serious, I would find it hilarious. There is much to find offensive there.

And in the ad Luke's zine was all ripped up! That part is sad too! Who rips up their zines and scatters the pages in a hallway? Weird!

I'm sorry you are having to deal with this, Luke. The company should have gotten your permission.