The YouTube Dilemma

YouTube provides a stream of inspiration, but it also leaves ad agencies open to accusations of plagiarism. How can directors and agencies protect themselves?

By Eliza Williams

YouTube provides a steady stream of inspiration to advertising creatives, but it also leaves young directors vulnerable to having ideas stolen and agencies open to accusations of plagiarism. How can both directors and agencies protect themselves?

In 1998, director Mehdi Norowzian sued the Irish advertising agency Arks Ltd for copyright infringement. He claimed Arks had copied a substantial part of his short film, Joy, in its hugely successful Anticipation advert for Guinness which featured a man performing a flamboyant dance as he waited for his pint of the black stuff to settle. Norowzian lost, the case setting a precedent over the legal rights of directors and artists when claiming the artistic content of their work had been 'appropriated' by an agency.

The tense question of plagiarism has become a regular part of advertising life ever since. Accusations from artists and directors crop up periodically in the media, where a discussion on their validity will take place before the subject is usually dropped. The agency in question may be left with a minor stain on its integrity but with no major ill-effects to its client relationship or bank balance. The rise of internet sites such as YouTube has made this issue even more pertinent, however. Suddenly a research tool is available to advertising creatives giving access to millions of films and ideas from all over the world, leaving the makers of these films vulnerable to having their ideas stolen.

Unlike the more established artists and directors, who have an army of colleagues and fans to vociferously defend their creative ideas if they suddenly turn up in a TV ad, the users of YouTube are often young filmmakers, usually unrepresented by production companies, and therefore especially vulnerable. The weapon of choice for young directors in such situations has become the online blog. With the mainstream media unlikely to pick up a story about plagiarism from someone unestablished, the blog comments box has become an effective place to air grievances. A recent example of this occurred on the CR Blog, where the posting of a new Sony Bravia ad, featuring a life-size zoetrope, caused an immediate backlash on behalf of a young director, Mark Simon Hewis, with claims that Fallon, the agency behind the spot, had based the commercial on a short film by Hewis. The situation raised a number of questions, about how young directors can protect themselves against their ideas being stolen, but also about the increasing necessity for ad agencies to find ways to defend themselves against accusations of plagiarism.

In the case of the Sony Bravia ad, the similarities between the film by Hewis and the ad by Fallon are minimal beyond the fact that both rest on the concept of a life-size zoetrope. Hewis' film is a poetic rendition of a man's life story, whereas the Bravia ad sees footballer Kaka showing off his ball skills. Yet Hewis had been approached by RSA, the production company that worked on the ad, with a view to working on an 'up and coming advert opportunity' and was asked to sign a non-disclosure agreement on behalf of Fallon which mentioned Sony. When the Sony ad came out, and Hewis had heard nothing more from RSA or Fallon, colleagues leapt to conclusions and to his defence via the CR Blog.

"I got a sense the Sony ad was maybe influenced by Mark's film," says Katie Daniels, a freelance producer who worked on the film and contacted CR at the time of the blog story on the Bravia spot. "Obviously the idea of a zoetrope is not new, but from the atmosphere I had a sense that they'd watched the film. But it wouldn't be so grating if they hadn't got in touch and then we'd not heard from them again, that was bad etiquette. Directors are creating these films as showpieces for little or no money in the hope they'll get commercial work."

Following the furore on the blog, Fallon explained that the contact had been made with Hewis in relation to a different strand of the project for Sony, and that the production of the Bravia-drome ad was already well underway by the time this occurred. The agency is also categorical in its assertion that it never takes its ideas from outside sources.

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