What Kind Of Idiot Puts Superman On Their Album Cover And Does Not Anticipate Legal Action From DC/Time Warner?

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Seriously, how dim do you have to be? Are the people at Asthmatic Kitty dumb, or just painfully naive?

― Matthew C Perpetua (inca), Tuesday, 5 July 2005 13:34 (twenty-one years ago)

maybe they thought it would get people to talk about it. i had never heard of asthmatic kitty till now. mission accomplished!

― scott on maria's computer (Maria D.), Tuesday, 5 July 2005 13:39 (twenty-one years ago)

http://www.ktelclassics.com/albumspix/KennyEverett.jpg

― mark grout (mark grout), Tuesday, 5 July 2005 13:40 (twenty-one years ago)

http://img.epinions.com/images/opti/e4/02/344353-resized200.JPG

― k/l (Ken L), Tuesday, 5 July 2005 13:42 (twenty-one years ago)

http://www.ferris.edu/news/jimcrow/caricature/more/super.jpg

― Mike D., Tuesday, 5 July 2005 13:58 (twenty-one years ago)

http://www.john-book.com/thrift/images/herbiemann-super.jpg

― SHINE ON AMERICA (Jody Beth Rosen), Tuesday, 5 July 2005 14:19 (twenty-one years ago)

Probably just a bit naive. The question makes that sound like the worst thing anyone could possibly be but really it sounds like a fairly easy mistake to make imo.

― jed_ (jed), Tuesday, 5 July 2005 14:49 (twenty-one years ago)

What about Joe Satriani?

― Huk-L (Huk-L), Tuesday, 5 July 2005 14:52 (twenty-one years ago)

Didn't he put the Silver Surfer on his cover?

― k/l (Ken L), Tuesday, 5 July 2005 15:01 (twenty-one years ago)

Yeah, but did he get permission?
Didn't some other metal act put Wolverine on the cover of their album around the same time? Like Anvil or something?

― Huk-L (Huk-L), Tuesday, 5 July 2005 15:09 (twenty-one years ago)

Entombed put Wolverine on the cover of their record "Wolverine Blues," which was fully sanctioned. Columbia Records thought it saw a natural tie-in and pimped the band out to Marvel Comics.

― ng, Tuesday, 5 July 2005 15:21 (twenty-one years ago)

They knocked the Bulletboys off the back cover! SO WRONG!

(NB: I might be full of shit.)

― David R. (popshots75`), Tuesday, 5 July 2005 15:25 (twenty-one years ago)

Ha ha ha ha ha ha ha!

― Huk-L (Huk-L), Tuesday, 5 July 2005 15:32 (twenty-one years ago)

Yeah, the difference is those other covers up above are parodies of Superman, rather than just plain Superman, as on the Sufjan Stevens album cover.

Did they think that Superman was public domain? And if so, are they bonkers?

― Matthew C Perpetua (inca), Tuesday, 5 July 2005 15:35 (twenty-one years ago)

Well, the Fleischer cartoons from the 1940s are public domain, so if the image came from those, they *might* be able to get away with it (although Time Warner's lawyers would probably wear you down in enough trademark hair-splitting that it's probably not worth it) .

― carson dial (carson dial), Tuesday, 5 July 2005 16:44 (twenty-one years ago)

http://images.amazon.com/images/P/B0000025AK.01._SCLZZZZZZZ_.jpg

― Mike Dixn (Mike Dixon), Tuesday, 5 July 2005 17:07 (twenty-one years ago)

it does seem really naive. are they fucked now b/c i'm assuming there are lots already in stores, which will be sold, and then they'll have to be sued, right?

and barbra's legs look like breakfast links in that picture.

― Susan Douglas (Susan Douglas), Tuesday, 5 July 2005 17:11 (twenty-one years ago)

PBS showed the Lorne Michaels getting the Mark Twain Award thing last night, and they showed the John McCain sings Streisand clip, where he assumes that very position.

― Huk-L (Huk-L), Tuesday, 5 July 2005 17:16 (twenty-one years ago)

Pfork readership last week: "Poor Minor Threat! Fuck Nike!"

Pfork readership this wwek: "Poor Sufjan! Screw DC Comics!"

― PB, Tuesday, 5 July 2005 17:24 (twenty-one years ago)

Somebody should form a band called the Big Macs and put out an album called "We're Loving It" featuring the band dressed as clowns and holding butcher knives and mutilated dolls.

PB doing the Mississippi Cake-Walk on the money.

― Taste the Blood of Scrovula (noodle vague), Tuesday, 5 July 2005 17:26 (twenty-one years ago)

Hahahahahahaha!xp

― Johnny Fever (johnny fever), Tuesday, 5 July 2005 17:27 (twenty-one years ago)

this album is good but more of the same. a little righteous over the top too

he's getting a bit too theatrical for my tastes
and those song names! ugh

― breezy, Tuesday, 5 July 2005 17:28 (twenty-one years ago)

For what it's worth, the image of Superman on the cover of Illinois is not appropriate - it's an original piece of art painted by Divya Srinivasan. So they are kinda fucked, I think.

― Matthew C Perpetua (inca), Tuesday, 5 July 2005 17:44 (twenty-one years ago)

Err, not appropriated.

― Matthew C Perpetua (inca), Tuesday, 5 July 2005 17:45 (twenty-one years ago)

Roy Lichtenstein to thread?

― Taste the Blood of Scrovula (noodle vague), Tuesday, 5 July 2005 17:50 (twenty-one years ago)

Maybe I'm missing something about the history behind the character, but didn't Superman live in Metropolis? What does he have to do with Illinois?

― PB, Tuesday, 5 July 2005 17:52 (twenty-one years ago)

The creators of Superman purportedly based Metropolis on their hometown of Cleveland. But Metropolis, IL has adopted the Superman mythology to a scary degree -- there's a replica of the quick-change phone booth in the center of the city.

― ng, Tuesday, 5 July 2005 17:56 (twenty-one years ago)

Ah, I see. I knew that about Cleveland, but wasn't aware of Metropolis, IL.

― PB, Tuesday, 5 July 2005 18:03 (twenty-one years ago)

I thought they based Metropolis on Toronto.

C/D: Canadians who can't talk with an American without rattling off a list of things that were created in Canada

― Huk-L (Huk-L), Tuesday, 5 July 2005 18:06 (twenty-one years ago)

ha ha Huk, I just typed that exact same thing

― walter kranz (walterkranz), Tuesday, 5 July 2005 18:07 (twenty-one years ago)

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/falwelladL.jpg

― get to thA CHOPPA / A++++++ SELLER (ex machina), Tuesday, 5 July 2005 18:07 (twenty-one years ago)

I have that Barbra Streisand album and it is fucking hilarious

― Shakey Mo Collier, Tuesday, 5 July 2005 18:09 (twenty-one years ago)

http://www.discomuseum.com/celibee_superman_sheetmusiic.jpg

― PappaWheelie (PappaWheelie), Tuesday, 5 July 2005 20:00 (twenty-one years ago)

http://images.windowsmedia.com/img/prov_w/300_80/093624474722.jpg

― jaymc (jaymc), Tuesday, 5 July 2005 20:05 (twenty-one years ago)

http://www.endlessgroove.com/nwslvs/nw113.jpg

― jocelyn (Jocelyn), Tuesday, 5 July 2005 20:09 (twenty-one years ago)

I'm still waiting for one of you to post a picture of a record that actually has Superman on it rather than just referencing Superman!

― Matthew C Perpetua (inca), Tuesday, 5 July 2005 20:10 (twenty-one years ago)

Yeah, but this is still fun.

http://www.muzicisifaze.com/upload/albums/424_large.jpg

― jaymc (jaymc), Tuesday, 5 July 2005 20:20 (twenty-one years ago)

No one has a picture of that Crash Test Dummies single, though, apparently.

― jaymc (jaymc), Tuesday, 5 July 2005 20:24 (twenty-one years ago)

"...and here's our newest song...it's called 'The Man from Metropolis Had his Distinctive Likeness Stolen'...hope you like it."

― Lord Custos Omicron (Lord Custos Omicron), Tuesday, 5 July 2005 20:26 (twenty-one years ago)

http://www.zonicweb.net/badalbmcvrs/superman.jpg

― Mike Dixn (Mike Dixon), Tuesday, 5 July 2005 21:06 (twenty-one years ago)

http://www.bitrecords.it/CATALOGO/MUSICA/2%20COSI%20ho%20bisogno%20di%20superman%20album/copertina.jpg

― Mike Dixn (Mike Dixon), Tuesday, 5 July 2005 21:07 (twenty-one years ago)

"Jerry Falwell Talks About His First Time"

I thought this was going to be an advert for lynching.

― Taste the Blood of Scrovula (noodle vague), Tuesday, 5 July 2005 21:52 (twenty-one years ago)

http://images-eu.amazon.com/images/P/B000024T59.02.LZZZZZZZ.jpg

If I'm not mistaken, Klark Kent is on there somewhere. Like anyone bothered noticing.

― Alex in NYC (vassifer), Tuesday, 5 July 2005 21:57 (twenty-one years ago)

Joe Shuster very quickly became famous as the co-creator of one of the most well-known and commercially successful fictional characters of the 20th century. At the time, in the midst of the Great Depression, he made a very good living from producing Superman stories. However, the copyright to his and Siegel's work belonged to their employer, and when the company refused to compensate them to the degree they believed appropriate, the pair sued. In 1948, the New York State Supreme Court limited their settlement to $60,000 each, at the time a large amount for someone, but very small compared to the multi-millions in profits their employer was generating annually. After the bitter legal wrangling, Joe Shuster left the comics business and his and Siegel's byline was dropped by DC comics.

In 1978, Siegel & Shuster again filed a legal action against DC Comics for royalties from the Superman character. In the face of a great deal of negative publicity over their handling of the affair, DC reinstated the byline dropped more than 30 years earlier, and granted the pair a lifetime pension of $35,000 a year.

― Mike Dixn (Mike Dixon), Tuesday, 5 July 2005 22:04 (twenty-one years ago)

http://www.imissthe80s.com/images/rickalbum3.jpg

― donut e- (donut), Tuesday, 5 July 2005 23:32 (twenty-one years ago)

If I'm not mistaken, Klark Kent is on there somewhere.

Stewart Copeland?

― kit brash (kit brash), Wednesday, 6 July 2005 00:48 (twenty-one years ago)

no see you guys when indie rock dude does it it's EXTRA stupid!!

― Banana Nutrament (ghostface), Wednesday, 6 July 2005 02:26 (twenty-one years ago)

http://images.amazon.com/images/P/B00080ZG2O.01.LZZZZZZZ.jpg

― Aaron W (Aaron W), Wednesday, 6 July 2005 02:37 (twenty-one years ago)

http://record.vis.ne.jp/pic2/01/disco/superman.jpg

― Mike Dixn (Mike Dixon), Wednesday, 6 July 2005 03:32 (twenty-one years ago)

http://timeatrest.com/LP_Pics/1272.jpg

― Mike Dixn (Mike Dixon), Wednesday, 6 July 2005 03:36 (twenty-one years ago)

http://www.fakejazz.com/fake/archives/images/sufjan_stevens_illinois.jpg

Looking at that cover, it'd be quite fair to say it's a parody as well. Or at least they can say so in court.

― Tuomas (Tuomas), Wednesday, 6 July 2005 03:43 (twenty-one years ago)

I think Warner/DC's argument might be that an album cover constitutes marketing and that's where the trademark infringement happens. Within the actual content, you can say whatever you want, pretty much. But DC's legal eagles know all about this--or their predecessors do--via the Captain Marvel imbroglio that dictates the DC character (bought from former competitor Fawcett) can't be refered to by that name on the cover or advertising or any other form of marketing.

― Huk-L (Huk-L), Wednesday, 6 July 2005 05:50 (twenty-one years ago)

At any rate, that's one lame album cover. I've never heard Sufjan Stevens, is he trying to pull some kind of Randy Newman / Van Dyke Parks vibe?

― walter kranz (walterkranz), Wednesday, 6 July 2005 06:11 (twenty-one years ago)

When asked for a comment, Sufjan's response was "I made a lot of mistakes. I made a lot of mistakes."

― pinder (pinder), Wednesday, 6 July 2005 06:43 (twenty-one years ago)

and "I was ashamed. I was ashamed."

― Susan Douglas (Susan Douglas), Wednesday, 6 July 2005 06:49 (twenty-one years ago)

Amazon is now displaying a version with Supes airbrushed out of the cover.

― ng, Wednesday, 6 July 2005 11:16 (twenty-one years ago)

omg that alla pugachova cover is awful. that dude looks cooler than her current beau tho, maybe cos its superman

― ambrose (ambrose), Wednesday, 6 July 2005 11:33 (twenty-one years ago)

iTunes had the Superman cover yesterday; it has the airbrushed cover today.

― Martin Kavka, Wednesday, 6 July 2005 12:23 (twenty-one years ago)

Hahahahaha: http://search.ebay.com/sufjan-illinoise_W0QQsofocusZbsQQsbrftogZ1QQfromZR10QQsacatZ-1QQcatrefZC6QQsargnZ-1QQsaslcZ2QQftrtZ1QQftrvZ1QQsadisZ200QQfposZQ5AIPQ2FPostalQQfsopZ1QQfsooZ1QQcoactionZcompareQQcopagenumZ1QQcoentrypageZsearch

― Bloke from M (Roger T), Wednesday, 6 July 2005 13:40 (twenty-one years ago)

The label/PR/whoever sent out e-mails to press folk letting them know to not use any older album art and to substitute it with a new .jpg they had.

― Brett Hickman (Bhickman), Wednesday, 6 July 2005 15:04 (twenty-one years ago)

If you're as cute as Sufjan, puhleez put your mug on all the album covers.

― Dr Morbius (Dr Morbius), Wednesday, 6 July 2005 16:38 (twenty-one years ago)

I just opened this thread for the first time.

Did we just win Sufjan Stevens' defense case for him?

― nickalicious (nickalicious), Wednesday, 6 July 2005 16:42 (twenty-one years ago)

amazon.com has the edited cover; amazon.co.uk still have the original

(as does the website of Rough Trade, who released it in the UK)

― Tech Support Droid (ForestPines), Wednesday, 6 July 2005 19:25 (twenty-one years ago)

I just bought the original cover today at an EV store recently in law-enforcement news.

― Dr Morbius (Dr Morbius), Wednesday, 6 July 2005 19:41 (twenty-one years ago)

It's clear infringement if you don't have permission--simple as that.

The most likely remedy at this point will be for all current print not already bound up in shipped product be destroyed, Supes to be taken out of all future pressings, and a lump-sum damages to be paid based on the number of existing copies, which will hopefully not be too much, although if they had the balls, the label could sell the remaining copies of the albums with infringing artwork to collectors and make enough to cover the damages. That would probably just make things worse though.

See, this is why larger labels have general counsels.

― Eppy (Eppy), Wednesday, 6 July 2005 20:50 (twenty-one years ago)

anyone know what a copy with the Superman is netting these days? Is it sparking fury?

― Brett Hickman (Bhickman), Wednesday, 6 July 2005 20:53 (twenty-one years ago)

If you haven't already auctioned off your pre-cease and desist copy of Illinois...too late. While copies printed from now on will feature new artwork, the initial pressings shipped to stores for the July 5 release date will be sold as originally planned. We reported yesterday that the new Sufjan Stevens album could no longer be sold with its original artwork, presumably due to the image of $uperman on the album cover. However, Asthmatic Kitty had been selling the record from its website for weeks in advance, so the dirty copies were already circulating. Also, iTunes was selling the album beginning yesterday (with bonus tracks!).
But now you can head on down to the record store and buy it. An email message sent to retailers yesterday evening by the label's distribution company said: "Any retail outlet which currently has Sufjan Stevens' Illinois in their possession can now sell at will. This can be done with the full blessing of Asthmatic Kitty and SC Distribution."
Unfortunately, that's not the end of the story. "We are not able to ship any more copies from our warehouse," the message continued. "Asthmatic Kitty is still dealing with unresolved issues. Right now, worst case scenario is that we have to wait until a repress with new artwork lands-- conservatively, that would be around the first week of August."
So get 'em while they're hot. Or, if you can't find it in stores, buy it on iTunes and then buy it again when the new edition comes out in stores...hmm...$ufjan?...nah. Why the sudden move to sell, sell, sell? The email addressed this decision: "There are two main reasons for this development: 1) We were largely unsuccessful in our attempts to get the large chains to comply with our cease and desist request. We did not want to disadvantage independent retailers because of that. 2) We realize that many stores have a limited buying budget each week/month. And may have spent a good chunk of their budget buying on Sufjan. Despite the unresolved issues that Asthmatic Kitty still faces, they wanted to make things as right as possible and allow stores to sell what they have."

Well, that's that. Go hunt the album down, even if the journey takes you to every Borders and Best Buy in your town.

― jaymc (jaymc), Wednesday, 6 July 2005 21:22 (twenty-one years ago)

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Listing has pictures SUFJAN STEVENS, illinoise, cd promo, 2005