Aussie rock band seeks legal counsel after Super Bowl ad song apes its own
An Australian music act is seeking legal advice after an ad that ran during the Super Bowl featured music similar to one of the band’s songs.
The John Butler Trio was made aware by its fans through social media that the melody to a Oikos Greek yoghurt ad was very similar to the band’s song Zebra.
The ad features Full House actor John Stamos getting headbutted.
The band made a statement on its Facebook account:
Snap!
wow sounds very very similiar!
Obvious copy.
Awkwardsville. Population = these guys http://www.oregonlive.com/port.....makes.html
This is the most blatant case of fraudulent advertising since my suit against the film, “The Never-Ending Story.”
This sounds more alike to me than the riff in Down Under sounds like Kookaburra Sits..etc. and Men at Work had a massive judgement against them.
Time to get the cheque book out Dannon!
I like the yoghurt one better.
Guys, I’d be asking for $1m, because JBT don’t do commercial!
Hey jp at 3:32. That is the most blatant case of plagiarism since Lionel Hutz said it in the Simpsons episode #4.8 “New Kid on the Block” in 1992
That’s definitely longer than the royalty free 8 second rule…
I think the blatant rip off was just a tactic to stop everyone commenting on how utterly shite the ad was.
Well played JBT. It worked a treat.
@Dave Goodfellow – there is no such thing as an ‘8 second rule’.
If you rip it off and they play it to a jury of peers who agree it sounds the same, you are busted, simple.
This is what happens when ad agencies use amatuers as a cheap option instead of going to a professional production company. Part of the cost you pay with a pro is insurance that things like this won’t happen. If it does happen they have the structures in place to assume all responsibility. This kid is the US that ripped off JBT will have no money or assets, so who do you think will get the bill? The agency.
Pay attention Oz agencies – one of you will be next the way you are all trying to cut costs….. cheaper is not always better.
Dave Goodfellow is wrong. Bill Job is correct. A piece of music does not have to even share one note with another pice of music for a jury to determine a piece of music looks, smells and sounds ‘like’ another piece of music. If that’s the case, then that’s considered ‘passing off’ and will cost you big bucks. So, to all the innocents out there, don’t listen to Goodfellow, listen to the Jobmeister.
Seriously!
Great news for JBT that this was a superbowl ad and not just some regional thing. Means they should make a few bucks off it. Keep an eye on the view stats of the video on YouTube, you can see the graph just starting to take off for views.
Great publicity for them, however there are a few YouTube comments (so it must be true) that this rif is itself ‘borrowed’ from somewhere else…
@Graham Grey
as an advertiser who had to deal with a bush-lawyering agency CEO seeking to can, at the 11th hour, a professional, fully licensed re-record because he suddenly thought it sounded too similar to the original recording, i have to disagree with you
the problem has nothing to do with who you use to record the track but everything to do with the various indeminities etc which are in place
methinks you are deliberately confusing the too. In my experience, producers and agencies contract away all liability for IP breaches to the client anyway!
The real breach of copyright here is the headbutt, The city of Glasgow should be suing over this cultural infringement.
JRJ
how is this different to the xfactor kid that has had a Pink song slightly adjusted for a re-record… it seems to be happening more often than not… Where is the creativity behind coming up with something new and original. Next thing you know they are going to be re-playing us classic films at the cinema pretending they are new release… oh wait, they are already doing that too (star wars, titanic etc)…
Woeful ad legal issue is a no brainer. Obviously only way this ad will get repeat viewings.