RSS
Can You Copyright The Idea Of Dancing On Treadmills?
from the one-hopes-not dept
By now, one hopes that you've seen the incredibly creative video that the band Ok Go did for the song "Here It Goes Again." The video, filmed in a single take, has the four band members dancing across a series of treadmills. Yet, as William Patry points out, there may be a bit of a dispute coming over the concept. Apparently, a television commercial for some vitamin supplement in the UK is making use of folks dancing on treadmills to a different song after taking the supplement. It's clear that the idea is from the band's video, as the moves are even the same. An article in The Scotsman suggests that legal action is brewing, noting that "There was extensive negotiation to use Ok Go (by the JWT advertising agency on behalf of Berocca's manufacturer Bayer] but this didn't bear fruit."
Of course, there's nothing definitive about the band taking action -- and it seems unlikely that the band would actually do anything about this. The band's members have been very vocal about technology and intellectual property issues (in a good way), including writing NY Times op-ed pieces and testifying before Congress. The band has also been very open and encouraging of getting fans to copy their videos (the band has some other popular videos as well). While the band might have a claim on the identical choreography aspect (you can't copyright an idea, but you can on the expression of that idea), it seems like no good would come from such a complaint. It would certainly only help the vitamin supplement company. Instead, hopefully, the band recognizes that this is, indeed, the sincerest form of flattery, and the attention the vitamin ad generates will likely only increase the number of folks who seek out the Ok Go video (and become fans of Ok Go's music).
Of course, there's nothing definitive about the band taking action -- and it seems unlikely that the band would actually do anything about this. The band's members have been very vocal about technology and intellectual property issues (in a good way), including writing NY Times op-ed pieces and testifying before Congress. The band has also been very open and encouraging of getting fans to copy their videos (the band has some other popular videos as well). While the band might have a claim on the identical choreography aspect (you can't copyright an idea, but you can on the expression of that idea), it seems like no good would come from such a complaint. It would certainly only help the vitamin supplement company. Instead, hopefully, the band recognizes that this is, indeed, the sincerest form of flattery, and the attention the vitamin ad generates will likely only increase the number of folks who seek out the Ok Go video (and become fans of Ok Go's music).
I’m looking for policy...
Policy Resources: Software Patents
Jon Potter: Software Patent Trolls Can Be Stopped By U.S. Patent Office And Congress
I’m looking for research...
Why Data Is The New Oil, With Dan Foreman Of Lumi Mobile
Who Are App Developers?
I have an app...
App Developer Conversations: What Does The iPad Mini Mean For The App Economy?
Developer Census: Be Counted. It takes less than two minutes.
Reader Comments (rss)
(Flattened / Threaded)
The Lord of the Dance
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Re:
[ reply to this | link to this | view in thread ]
Re:
[ reply to this | link to this | view in thread ]
commercials always copy popular stuff
digital "morphing" used to be a groundbreaking computer animation technique, but now its commonplace and fairly cheesy since it's been so over used in commercials.
it happens all the time so there is no reason to think this instance is unique or that the practice will stop anytime soon.
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
In other words, I think this is one of those rare cases in which what is happening is what should actually happen. There's justifiable case in which the merits of both sides can be seen. And you let the court work it out as they could settle on their own.
[ reply to this | link to this | view in thread ]
Re:
[ reply to this | link to this | view in thread ]
Re:
I think that sums this one up best for me. I think they have the right to sue over the choreography, but I have a feeling that while similar, it is not the same and they would lose. Either way, I agree they do have some ground to stand on for a lawsuit in that scenario.
[ reply to this | link to this | view in thread ]
And in all honesty, most people who see this advert before the music video will assume that the band ripped the advert off. Because people are stupid. And that does harm the band.
I don't know why, but the fact that this was an advert makes it a lot worse (to me). If it showed up in a TV show somewhere I don't think I'd be that bothered, but the fact that it's an advert just seems a lot more insulting to the original folk.
[ reply to this | link to this | view in thread ]
I wonder...
[ reply to this | link to this | view in thread ]
I Danced on a Treadmill
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
The Failed Negotations Are Significant
I think the advertisers should be punished in this case. They asked to use the idea, were not able to satisfy the band, and did the commercial anyway. That's wrong.
[ reply to this | link to this | view in thread ]
My uninformed speculation...
[ reply to this | link to this | view in thread ]
Devo Done It
The failed negotiations, however, have a bit of a stink to them.
[ reply to this | link to this | view in thread ]
Right of Plublicity
The company could be seeking the positive effect of confusing consumers to think that OK GO is supporting its product.
[ reply to this | link to this | view in thread ]
The only traction the group has is if their was a breech of contract.
[ reply to this | link to this | view in thread ]
Waaaaaait a minute...
If they pull that off they deserve knighthoods and a reserved plot each in Westminster Abbey. Good luck, lads! Give 'em hell!
[ reply to this | link to this | view in thread ]
dancing with [fill in the blank]
[ reply to this | link to this | view in thread ]
http://libregamewiki.org
Cut throat competition cum copying cum cutting are really the magic engine of economic growth.
Monopoly privileges like copyright just get in the way.
When you have an environment where you're forced to innovates or die trying, you have a lot of motivation to try. Death motivates more than a nice castle to live in I guess.
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Talent Borrows, Genious Steals...
[ reply to this | link to this | view in thread ]
Could go either way
But they wouldn't benefit, only lose face if they actually went up against them.
I think the question is not can, but should.
[ reply to this | link to this | view in thread ]
But no
And this isn't the first commercial to ripoff the concept. There's a local commercial here that's at least a year old with even more similar choreography (but do you want to sue someone for a PSA fighting childhood obesity?). To see the commercial, which hasn't made it to YouTube, go to http://intermountainlive.org/ and watch the clip labeled Treadmill.
[ reply to this | link to this | view in thread ]
Add Your Comment