Summit Entertainment Shuts Down Twilight Fanzine For Infringement

from the journalism-or-business dept

Mon, Jan 25th 2010 5:51am — Mike Masnick

Rose M. Welch points us to the news that Summit Entertainment has won an injunction against the makers of a Twilight fanzine, claiming that the zine was not for journalistic purposes. A journalist would have a strong free speech claim on the right to make use of these photos (which were found on the "press" page for the movie itself), but Summit claims that the zine is not journalism, but a business. To be fair, it is true that the creators of the zine is a company that sells trading cards, but does that mean that a fanzine is suddenly no longer protected by the First Amendment? In an age when who is and who is not a journalist has become a lot more complicated, it seems like a pretty questionable decision to put an injunction on a publisher just because they have a good business model. Separately, it's worth pointing out that Summit is being pretty ridiculous here in shutting down a zine for fans. Stop trying to punish fans and focus on giving them what they want.

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Filed Under: copyright, fanzine, free speech, journalism, twilight
Companies: summit entertainment

30 Comments

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Ima Fish (profile), 25 Jan 2010 @ 6:05am

"the zine is not journalism, but a business"

Well that clears up a lot. It's no wonder why old media, based upon the ancient art of journalism, is losing so much money... they're not run as businesses!

Does Rupert Murdoch know he doesn't run a business?!
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Dark Helmet (profile), 25 Jan 2010 @ 6:17am

Re:
I thought the exact same thing. It reminded me of an argument I had gotten into with my Sunday School teacher when I was younger, when at one point she exclaimed, "You keep talking as if the Church was trying to make money. The Catholic Church is a religion, not a business."

It's been a long time since I've laughed quite as hard as I did that day....
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Anonymous Coward, 25 Jan 2010 @ 6:19am

Re:
>Does Rupert Murdoch know he doesn't run a business?!

Well it isn't like the Murdoch empire actually practices journalism....
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Anonymous Coward, 25 Jan 2010 @ 6:24am

What fans want
Fans want what we tell them to want!
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Chronno S. Trigger (profile), 25 Jan 2010 @ 6:30am

how bazzar
"Separately, it's worth pointing out that Summit is being pretty ridiculous here in shutting down a zine for fans. Stop trying to punish fans and focus on giving them what they want."

What an odd thing to have to say to a company
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Chronno S. Trigger (profile), 25 Jan 2010 @ 6:32am

Re: how bazzar
Sorry, hit enter when running spell check.

What I meant to say was:

What an odd thing to have to say to a company based entirely on hype.
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Free Capitalist (profile), 25 Jan 2010 @ 6:34am

Re: Re:
Well it isn't like the Murdoch empire actually practices journalism....

Precisely! And not practicing journalism is precisely the kind of journalism business partners and marketeers prefer.

If Summit thought someone was going to include their "work" in an article researched and written for *fans, they would not have put those pictures on the press page.
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A. Bnormal, 25 Jan 2010 @ 7:18am

So...
How does that make ANY sense whatsoever? And how do these judges get their jobs? By donating half their brain?

There is not a major paper in the entire WORLD that is NOT a business. Because if they WEREN'T a business, they wouldn't be IN BUSINESS.

Any modern "news" outlet IS a business. The whole idiotic Murdoch issue about not linking to content is because he IS a business.

I hope this gets appealed to the Supreme Court and is reversed on First Amendment rights, either that, or have EVERY newspaper stripped of its First Amendment rights and we can just hand over all control of the country to corporations.

Sure, they run it now... but it's thru shady deals, campaign contributions and they at last TRY to hide it.

We can just alter it so that a PERSON doesn't run for president anymore, a COMPANY does.

All hail President Walmart, and Vice President Microsoft.
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Anonymous Coward, 25 Jan 2010 @ 7:23am

Re: Re:
And all the liberal bias media is practicing perfect journalism, right??
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Michael, 25 Jan 2010 @ 7:35am

Re: So...
If Wal-Mart ran the country, our budget would be in better shape.
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Anonymous Coward, 25 Jan 2010 @ 7:36am

Re: Re:
I wish I could lol right now but I'm at work and then I'd have to explain why I was laughing so hard.

I'm sure the reason arch bishops drive Mercedes is due to divine providence.
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Anonymous Coward, 25 Jan 2010 @ 7:40am

This is a bad thing? I personally think less Twilight crap is a great thing!
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Anonymous Coward, 25 Jan 2010 @ 8:00am

Re: Re: Re:
There is no liberal bias. No conservative bias. Just the plain old corporate bias.
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Rose M. Welch (profile), 25 Jan 2010 @ 8:01am

Re: So...
And how do these judges get their jobs? By donating half their brain?

A temporary injunction means that the judge wants time to use his brain and study the issues in this case, including written law and precedent cases. If he had simply ruled in favor of Summit, you could probably make fun, but it doesn't make sense to make fun because the judge wants to take time to study the issue. It's still very possible that he'll come back with the ruling that we want to see.

The people you should be making fun of here are the great minds at Summit Entertainment, who want to punish fans for loving Twilight.
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Anonymous Coward, 25 Jan 2010 @ 8:01am

Re: Re: So...
And foreigners would be greeted by the elderly when they entered the country.
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ethorad (profile), 25 Jan 2010 @ 8:24am

Re: Re: So...
You would have thought that loving Twilight is punishment enough ...
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Brad Eleven, 25 Jan 2010 @ 8:35am

Re: Re: So...
> If Wal-Mart ran the country, our budget would
> be in better shape.

Right. Just lay off a few thousand from Sam's and it'll all work itself out.
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Overcast (profile), 25 Jan 2010 @ 9:29am

YES!!! GO after your FANS!

What a GREAT IDEA!!
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tracker1 (profile), 25 Jan 2010 @ 9:35am

Re: Re: Re: Re:
I'd honestly say there's all of the above...
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Dark Helmet (profile), 25 Jan 2010 @ 9:35am

Re:
"YES!!! GO after your FANS!"

Reminds me of my favorite line from Clerks:

"This job would be great if it wasn't for the fucking customers..."
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Valkor, 25 Jan 2010 @ 9:36am

Re: Re: Re: So...
Are you arguing for or against the assertion? Business at least *tries* to measure results.
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Overcast (profile), 25 Jan 2010 @ 9:36am

Re: Re: So...
If Wal-Mart ran the country, our budget would be in better shape.

And no - if Wal-Mart ran the country, it's customer's would all be outsourced to China.

Funny, how people's memories seem to be so short. Wal-Mart's whole claim to fame and what made them a success was the concept of hiring US workers and providing US goods, it gave people a reason that Wal-Mart was 'different' and there was a good reason to shop - not anymore: Now they give US Workers as little as possible and provide Chinese goods. They can keep them.
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Anonymous Coward, 25 Jan 2010 @ 9:40am

Re: Re:
That reminds me of my favorite line from Conan the Barbarian:

"To crush your enemies, see them driven before you, and to hear the lamentation of their women."
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Alan Gerow (profile), 25 Jan 2010 @ 9:53am

Re:
First they came for the Twilight fans, but I hate Twilight so screw them.
Then they came for ...
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mike allen (profile), 25 Jan 2010 @ 11:55am

one question
what is twilight???
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Anonymous Coward, 25 Jan 2010 @ 3:49pm

Re: one question
It's The Lost Boys with TONS of shitty added.
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Chargone (profile), 25 Jan 2010 @ 7:47pm

Re: Re: Re: Re: So...
So far as I can tell, he's agreeing with the statement, but pointing out that it'll mostly by way of stuffing up everything else.
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Tracy, 26 Apr 2010 @ 9:25pm

Twilight fanzines
Such simple minds on this board. Apparently, you've never heard of trademark rights? Let me make it simple for you. Suppose YOU created Twilight and it became a HUGE hit. Then you started making shirts and posters, etc. and making more money. Then, say you walked into a store and saw a t-shirt that you never said could be printed, and that store owner is making $25 off of YOUR product. I have a hard time believing you all can't understand the concept of trademark rights. This has nothing to do with first amendment rights - good grief. Did ANYONE on here graduate from high school?
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Rose M. Welch (profile), 31 May 2010 @ 5:16pm

Re: Twilight fanzines
Ahh, such a simple mind in this post...

First, it's silly to ask the commentors questions, because it's been three months since anyone else has commented.

Second, your feelings don't legally matter. The laws aren't based on your feelings, which is a damned good thing, because feeling are generally irrational.

Third, we didn't say that the suit was illegal, we said it was stupid. We mocked Summit because punishing your fans in the middle of your franchise is stupid. If they punish these fans, do you think that they're going to want to see the next movie, or buy a Summit-funded T-shirt? Nope. So what they're doing is legal but stupid.

Fourth, yes, this is absolutely about your right to free speech. These people created a journalistic product, like any other magazine, with the intention of making money, like any other magazine. They used the media kits that Summit made available to magazines, with permission, and then were slapped with a suit. Summit's argument seems to be that if you're making money, it doesn't count as journalism, which s entirely nonsensical, much like your post.

Fifth, there isn't a trademark issue here. Summit hasn't mentioned trademarks, and neither has anyone else.

Sixth, trademarks aren't given so the owner can make money. Trademarks are granted for the protection of the consumer. This mgazine wasn't attempting to make people think that they were Summit, so no trademark involved. God, did you even graduate from high school and why don't you understand the basic concepts that drive trademark laws?
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Anthony, 22 Mar 2011 @ 5:31am

Summit Entertainment Shuts Down
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