James Urbaniak ([info]urbaniak) wrote,
@ 2009-07-18 20:10:00
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This Week in Advertising: Get Your Ripoff On

Operation Grand Theft Pomo is in the motherfucking house!

I've enjoyed many a Jamba Juice so I was disappointed to learn that their current marketing campaign features a blatant ripoff of David Rees's detournement classic Get Your War On. Rees, of course, is appropriating free stock images but the Jamba Juice campaign is not doing the same thing. They are appropriating what Rees does with those images, right down to the way he renders his word balloons. I have no idea how the case would hold up in intellectual property court and Rees says on his website he's not interested in legal action (only a boycott). But it's plain as day: Jamba Juice ripped him off.

Through the miracle of modern googling I learned that the marketing agency behind the Jamba Juice "Summer Bliss is Back" campaign is an LA shop called Neighbor. Their unintentionally hilarious website positions themselves as paragons of crunchy, earthy, green, do-gooder, one-world decency. According to their manifesto: "You get conscious, inspired, ethical, engaged, genuine, positive and purpose-driven work that grows your business and your people all the while making the world a better place." Ad man, heal thyself.


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[info]sailortweek
2009-07-19 03:40 am UTC (link)
Wow. And with the power of the internet, this news will spread like wild fire. It's really sad to see ANY company talk about how they value ethical, positve, and so on work...and pull something like this. I'll repost this. Hot Topic has done something similar to this in the past...but hey were spanked with lawsuits ^_^

(Reply to this)


[info]blake_reitz
2009-07-19 03:40 am UTC (link)
More like "ad man", heel thyself.

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[info]mikecap
2009-07-19 03:51 am UTC (link)
More proof that intellectual property laws are bullshit and that corporations will continue to do whatever the fuck they want, unchecked. He who has the gold makes the rules; the little guy will always get fucked by the big guy, so the only way to win this game is to not give the corporations money (boycott).

(Reply to this)


[info]the_renz
2009-07-19 04:16 am UTC (link)
OOOOH that's shitty. How did you find out about this?

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[info]urbaniak
2009-07-19 04:17 am UTC (link)
John Hodgman linked the Rees post on his Twitter page (twitter.com/hodgman).

(Reply to this) (Parent)(Thread)(Expand)

(no subject) - [info]the_renz, 2009-07-19 04:43 am UTC (Expand)
(no subject) - [info]urbaniak, 2009-07-19 04:45 am UTC (Expand)
(no subject) - [info]greyaenigma, 2009-07-19 07:00 am UTC (Expand)
I think you're missing the point re: Hodgman being likable. - (Anonymous), 2009-07-19 05:55 pm UTC (Expand)
Re: I think you're missing the point re: Hodgman being likable. - [info]septentrio, 2009-07-19 06:07 pm UTC (Expand)

[info]sgnpcomix
2009-07-19 04:44 am UTC (link)
This is beyond sad. I hope the ad person who originated this realizes how not cool this is and is comfortable being a giant douche rather than deluding themselves into thinking they aren't doing anything wrong here. Rather than try to prove Rees "owns" the images, I think a reasonable case could be made that Jamba Juice is implying that Rees is endorsing their product when he's not. He's famous enough, and I think anyone familiar with the comic who hasn't heard of this story would think it's his work. Shame on the ad agency. Not only should they know better, my money's on the fact that they do.

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[info]urbaniak
2009-07-19 05:01 am UTC (link)
Ad agencies steal ideas. It's what they do. It's in their DNA. It's part of the culture.

http://urbaniak.livejournal.com/92547.html

http://articles.latimes.com/2009/jan/24/business/fi-tacobell24

(Reply to this) (Parent)(Thread)(Expand)

(no subject) - [info]josh_emery, 2009-07-19 09:03 pm UTC (Expand)
Let then Know
(Anonymous)
2009-07-19 05:43 am UTC (link)
Wrote a comment in their webmail form. Who knows if that will get read, but come on, the power of the intarwebs doesnt get summoned on its own. The link has the comment form but also includes a snailmail address if you prefer. Let them know how you feel.

http://www.jambajuice.com/#/contact_us/

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[info]wonkodsane
2009-07-19 06:30 am UTC (link)
The same thing happened to Don Hertzfeldt, the creator of Rejected, when an ad agency for Kellogg's Pop Tarts blatantly stole everything about his cartoon's style. Hertzfeldt's message in Rejected was very much anti-corporate mass consumption, so it was fairly tacky that his style was hijacked.

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[info]theotherbaldwin
2009-07-21 03:16 am UTC (link)
It's about time someone else pointed out. I thought I was seeing things.

Hell, in my naiviete, I thought maybe they'd hired Hertzfeldt.

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[info]noskilz
2009-07-19 06:49 am UTC (link)
Perhaps it's just the sometimes razor-thin separation between homage and ripoff, but doesn't it seem foolish to pull something like this in a world of web surfers and search engines? Some similar situations were 7 Seconds of Love & Coke (an ad in Argentina was a little too close to one of the band's videos) and less possibly inadvertant Todd Goldman business( fans of a web cartoonist known as Shmorky saw some curiously similar work in a pricey Las Vegas store and things sort of went downhill from there.)

Looks like there's a blog that seems to specialize in these sorts of stories: You thought we wouldn't notice, but it looks like you've beat them to the punch.

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[info]epileptikitty
2009-07-19 08:27 am UTC (link)
Shepard Fairey got ripped by Brisby for some chihuahua movie:

Heel Heel Heel

Shep's worked a lot harder for a lot longer.

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Answering a plagiarims post with an example of a plagiarist that was "plagiarized" (only not).
[info]theclamsman
2009-07-20 12:21 am UTC (link)

And he's stolen much more than just the Obama photo, too.

Seriously now, mentioning THAT douchebag? Really?

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Re: Answering a plagiarims post with an example of a plagiarist that was "plagiarized" (only not). - [info]theclamsman, 2009-07-20 12:21 am UTC (Expand)
????
(Anonymous)
2009-07-19 11:42 am UTC (link)
Go after a corporation like Halliburton or Goldman Sachs. Rees didn't even invent that clip art. Words applied to cubicle art are meant to to be ironic no matter what.

http://www.dragonize.com/blog/2009/07/18/hodgman-rees-vs-jamba-juice/

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Re: ????
[info]urbaniak
2009-07-19 02:29 pm UTC (link)
"David Rees didn’t really do anything original to begin with."-dragonize.com

You must be a lot of fun at the Museum of Modern Art.

(Reply to this) (Parent)

rees jamba thing
(Anonymous)
2009-07-19 12:10 pm UTC (link)
i dont think those public domain images are meant to be anything but ironic; are word balloons important enough to get bothered about? so all this intellectual property and plagiarizing talk is misleading and a bit reactionary imo. i dont find jamba's advertising that clever but calling for a boycott is a little extreme.

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Re: rees jamba thing
[info]mikecap
2009-07-19 12:17 pm UTC (link)
If the shoe was on the other foot the corporate giant would sue everyone in sight over word balloons. The point is not the measure of degree of "originality" it's about the issue of IP being a bullshit game that corporations play to steal ownership of every fucking thing. Disney owns your childrens's hearts and minds and has hijacked the shit out of public domain fairy tales.

(Reply to this) (Parent)(Thread)(Expand)

Re: rees jamba thing - (Anonymous), 2009-07-19 12:37 pm UTC (Expand)
Re: rees jamba thing - [info]urbaniak, 2009-07-19 02:18 pm UTC (Expand)
Re: rees jamba thing - (Anonymous), 2009-07-19 02:38 pm UTC (Expand)
Re: rees jamba thing - [info]theclamsman, 2009-07-20 12:14 am UTC (Expand)
Re: rees jamba thing - (Anonymous), 2009-07-20 09:57 am UTC (Expand)
Re: rees jamba thing - [info]mimitabu, 2009-07-20 10:20 am UTC (Expand)
Re: rees jamba thing - [info]mikecap, 2009-07-19 12:19 pm UTC (Expand)
Re: rees jamba thing - (Anonymous), 2009-07-19 12:41 pm UTC (Expand)
fyi - [info]autodidactic, 2009-07-19 02:27 pm UTC (Expand)
Re: rees jamba thing - (Anonymous), 2009-07-19 01:46 pm UTC (Expand)
Oops - (Anonymous), 2009-07-19 01:49 pm UTC (Expand)
Re: rees jamba thing - (Anonymous), 2009-07-19 02:41 pm UTC (Expand)
Re: rees jamba thing - [info]urbaniak, 2009-07-19 03:35 pm UTC (Expand)
Re: rees jamba thing - (Anonymous), 2009-07-19 04:43 pm UTC (Expand)
Re: rees jamba thing - [info]urbaniak, 2009-07-19 05:58 pm UTC (Expand)

[info]mikecap
2009-07-19 12:21 pm UTC (link)
Http://www.questioncopyright.org/

(Reply to this)

sunday sermon
[info]autodidactic
2009-07-19 02:25 pm UTC (link)

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Re: sunday sermon
[info]urbaniak
2009-07-19 03:07 pm UTC (link)
Had he but lived the mullet might have more respect today.

(Reply to this) (Parent)


[info]drd2001
2009-07-19 03:07 pm UTC (link)
I've never heard of Jamba Juice. It actually sounds kind of gross. It makes me think of Pee Wee Herman's Jambi being squeezed into a bottle as juice. Head juice... ick.

But it is a tricky fine line. I'd probably have to look at more images to make a more qualified decision myself. The only ones who really know if they were ripping Rees off would be Neighbor. They're the ones who know if they've seen Rees's work before and were inspired by it or felt that since Rees used clip art that they could steal his style/medium. Unless for some reason Jamba Juice showed Rees's work to Neighbors and said "this is what we want". Either way, I don't give a rat's ass about Jamba Juice and I sure as hell have no inclination to drink it so I guess it's a moot point with me.

(Reply to this) (Thread)


[info]ted_slaughter
2009-07-19 06:08 pm UTC (link)
By extension; is it still boycotting if you wouldn't have bought it in the first place?

(Reply to this) (Parent)(Thread)(Expand)

(no subject) - [info]ted_slaughter, 2009-07-19 06:10 pm UTC (Expand)
(no subject) - [info]drd2001, 2009-07-19 08:23 pm UTC (Expand)

[info]brash
2009-07-19 04:14 pm UTC (link)
What I don't think you realize, Mr. Urbaniak, is that no one owns anything on the internet; thus, everything on the internet is free. Get Your War On? Free. LOLCats? Free. Wikipedia? Free. All the fucking movies, music, and porno you can download? Motherfucking free. If you download it, it magically becomes yours, and no one can argue that - it's internet law.

(Reply to this) (Thread)(Expand)


[info]drd2001
2009-07-19 04:24 pm UTC (link)
I hear the new Jamba Juice ad involves the slogan "Drink Jamba Juice, and you'll be all Voucher Ankles!"

(Reply to this) (Parent)

Internet law... - [info]rexwolf.blogspot.com, 2009-07-19 07:22 pm UTC (Expand)

[info]jey
2009-07-19 06:11 pm UTC (link)
But the font is completely different!

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[info]urbaniak
2009-07-19 06:25 pm UTC (link)
If the font's disparate, you must acquit!

(Reply to this) (Parent)

hi ya
(Anonymous)
2009-07-19 09:33 pm UTC (link)
wow great info! I found it very useful! Thanks for following me on Twitter as well. Feel free to check out my site as well http://bit.ly/18vrhN. Feel free to post a comment on my article page.

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Re: hi ya
[info]urbaniak
2009-07-19 09:46 pm UTC (link)
Didja now?

(Reply to this) (Parent)

Re: hi ya - [info]wire_mother, 2009-07-20 06:16 am UTC (Expand)

[info]autonic
2009-07-20 02:44 pm UTC (link)
STUPID! STUPID! STUPID!

David Rees's reputation is being damaged because it appears as if he has sanctioned the use of HIS IDEAS for this ad campaign. This is a another classic example of IP theft by corporations against the little guy. They obviously KNEW they what they were doing and they did it anyway. It's almost impossible to fight back using legal means. Boycotting Jamba Juice is an effective and appropriate response.

However, even if Jamba eventually does the right thing and pulls the ad, the damage to Rees's reputation already done as "David Rees" and "Jamba Juice" will forever be linked in Googleland... I only hope that "Jamba apologizes" is eventually found in those search queries. An apology would go a long way toward restoring Jamba's image.

In the meantime, the boycott is on!

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Sustainable?
[info]robjmiller
2009-07-21 05:18 pm UTC (link)
I just want an explanation of what constitutes a "sustainable" ad agency. Do they only use organic, locally-grown cocaine? Their agents are made from 100% recycled philosophy majors?

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You can't cry foul on something you never owned in the first place.
(Anonymous)
2009-07-21 06:47 pm UTC (link)
David Rees didn't own the clip art that he made a living off of. He didn't have a problem putting his name on it though. The strip doesn't run anymore, and he is getting free publicity right now. I don't back corporate culture, but it's insane that this didn't happen sooner. If he wants to cry about it, he should take some art lessons and pen his own drawings next time.

Oh, and what? Did he invent the thought bubble? He claims they ripped off his bubble style??? That's about as original as a wheel or a hammer. Good luck with that case. The problem is that everyone thinks he drew that strip himself.

(Reply to this) (Thread)

Re: You can't cry foul on something you never owned in the first place.
[info]urbaniak
2009-07-21 08:43 pm UTC (link)
Your belief that Jamba wasn't deliberately replicating Rees and that GYWO readers don't know clip art when they see it is duly noted.

(Reply to this) (Parent)

Mystified
[info]erikswanson
2009-07-22 12:52 am UTC (link)
How exactly is the right not going ballistic over this? Jamba Juice appropriates a pro-abortion, anti-war, anti-troops, swear-filled anti-right screed and they remain silent? Really?

Not exactly their style. Very odd. And how unpopular are Republicans when a corporation is TRYING to be like a comic that HATES them?

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clip art
(Anonymous)
2009-07-22 04:24 pm UTC (link)
I don't believe Rees created the art in the first place. It is clip art which he doesn't own and has no rights to. End of story.

(Reply to this) (Thread)

Re: clip art
[info]urbaniak
2009-07-22 06:43 pm UTC (link)
See above post and comments.

(Reply to this) (Parent)


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