The YouTube Dilemma

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Stanners acknowledged that it would probably have been easier just to approach Shannon for the ad and work with a more established director, but felt it was important to work with Garfield too.

Another music video that was adapted for advertising purposes recently was Roel Wouters' promo Grip for zZz. Distinctive for its use of trampolines, the video had done the rounds of the industry's media. When he was approached by ad agency Krow Communications to replicate the ad for a Fiat Grande Punto ad, however, Wouters was not keen. At this juncture, an agency might typically have gone off and made their own version anyway, but Krow went out of its way to acknowledge the influence of Wouters' work and paid him a license fee. This then freed them up to replicate the promo without fear, which they did, to a degree that surprised even Wouters. "I never thought they would copy it," he told CR at the time. "But I think it is quite honest, they're not acting as if they've come up with the idea themselves. Making the decision to do such an exact copy is weird but quite strong I think, it gives the feeling of a sincere tribute."

Even those outside of the industry are beginning to see credit given to their work. In the press materials accompanying the release of a recent Aero ad from JWT London (shown top), there was an acknowledgement that the spot had been inspired by a film on YouTube. Both films show a skateboarder plowing through balloons in a skate park. JWT creative director Russell Ramsay recognises that YouTube has changed the research process for agencies. "All these references are instantly accessible now, which they didn't use to be," he says. "There are so many ads that have been influenced by films and by art. But now the influences can be instantly found, whereas they couldn't be in the past…. Part of the skill is matching these ideas to a brand. Advertising does use these things to that end, and always has done."

Despite seeing the similarities between the two films, Ramsay still feels they are essentially different. "We thought of the YouTube film as the recording of an event," he says. "We wanted to get the best skateboarder – if you watch that film, it's not the best performance of it…. We did acknowledge it in the end, but I think we've done enough to it for people to not be that outraged by it. But people have to make up their own minds."

This nod to the YouTube filmmaker from JWT, however grudgingly given, does seem a step in the right direction, although the next logical move, where filmmakers receive renumeration for their ideas, seems unlikely to occur. Ideas cannot be copyrighted, and, as the Norowzian case proved, using the law to prove plagiarism of imagery can be fraught with difficulty, and expensive. Furthermore, despite the good example set by Krow with Wouters, this still doesn't get around the issue of what an agency does if an artist or director says a flat 'no' to having any involvement with the commercial. All too often, the idea still gets made, and there is little that the originator of the idea can do about it. In this sense, we are perhaps no further on than we were ten years ago. However, with the internet providing an easy outlet for filmmakers to complain when they feel their ideas have been pinched, a new wave of consciousness does seem to be beginning to sweep over ad agencies. "I think ad creatives are very conscious of the notion of originality," says Kate Stanners in their defence, "because part of your job is to come up with original ideas. There is a respect for ideas and there is a respect for the originators of ideas."

To see many of the pieces mentioned in this article, see the original post here.

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