Via Rebecca Tushnet’s 43(B)log
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Stewart v. Rolling Stone LLC, — Cal.Rptr.3d —-, 2010 WL 317016 (Cal.App. 1 Dist.)
Fascinating case! Indie rock musicians from the bands Xiu Xiu and Fucked Up sued to represent a class of over 100 bands who all appeared in an editorial feature, “Indie Rock Universe,” in the November 15, 2007 issue of Rolling Stone. The feature is a four-page foldout described as a “butterfly gatefold,” which has four ad pages and five editorial pages. It begins with an ad on the left. Then there’s a page of editorial copy on the right. When the page is turned, two pages of ads appear as a “gate,” which can be opened like French doors. Then the four-page remainder of the editorial feature appears; if you are looking at all four pages of the editorial at once, the ads are not visible.
The feature here, which was listed along with two other similar features in the magazine’s table of contents, had “hand-drawn cartoon-like illustrations accompanied by both handwritten and typeset text.” Artist’s site; the artist wasn’t involved with ...