My last post, in praise of Leo Burnett’s brash, new campaign for Allstate, “Mayhem” prompted numerous comments, a few of which have compelled me to write again.
One commenter, going by the pseudonym, Bill O’Really took the advertising to task for being derivative of an older campaign by Fallon for Traveler’s Insurance, called “Risk” and for an award-winning utility commercial entitled “Wind.” The work is posted above. Here is one of O’Really’s comments, verbatim:
One insurance company creates an ad in which a guy playing RISK runs around doing random things. A few years later another insurance company creates an ad in which a guy named MAYHEM runs around doing random things? C’mon Steff, could they be any closer? The only difference is Burnett went for a more menacing tone. The Fallon spot was award-winning and very well known. Not to mention the French commercial which is the best of the lot. I don’t know, there’s a point where you say, nice idea, but it’s been done and it’s been done in our very category. I know there are no new ideas, but that doesn’t mean we have to resort to this kind of thing.
I confess I’d forgotten about the other campaigns; seeing them again I do concede they are quite similar. But is it plagiarism? And if so, does it matter? I’ve faced these questions before.
A while back I’d chosen a commercial for American Express, “Smiles” as my favorite campaign of the year. Quickly, I received numerous comments that it, too, had been “borrowed” from other source material. So close were the similarities between campaigns, I reneged on my best-of-the-year verdict. While acknowledging a grey area existed between plagiarism and “borrowed interest”, I couldn’t get around certain facts, namely that the artist whose work had been copied had, I think, not been compensated for his concept. Other factors played into my about-face and they’re all documented: Gods post: \"Smiles\"
And so here we are again. Fact: The Allstate campaign personifies “Mayhem” and the Traveler’s campaign personifies “Risk.” Yet, despite the evidence, I’m not so sure I have the same negative opinion. The world has changed. The Internet and social media have allowed for an endless array of ideas (for brands, for entertainment, for everything really) to flourish. These ideas build upon other ideas, many of them knowingly. Someone creates something popular and it gets replicated and parodied ad nausea. Popular culture repeats itself over and over again. Mimicking others has become an art form; dare I say, acceptable.
Is it acceptable, then, for Leo Burnett and Allstate to manufacture a campaign so similar to Fallon and Traveler’s? While I do find it disturbing that both campaigns are for big, well-known insurance companies I honestly don’t know if it matters anymore. I doubt the consumer cares. They will respond to the work without passing judgment. And since the “Risk” campaign is several years old they likely won’t remember it anyway.
Matters of intellectual property, then, are only for the respective clients and agencies to decide. I do not know if copyright laws regarding advertising creative even exist. If so, are they enforceable? And, moreover, should they be?
In Hollywood there are copyright laws yet many films are derivative of one another, some of them coming out side by side. A few summers ago there were two “Volcano” movies; two films about Truman Capote, and so on.
And isn’t Burger King a copy of McDonald’s, a Whopper a copy of the Big Mac? Coke has its Pepsi. United has American. There is nothing new since the Romans. Maybe now we should stop pretending there is.
For what it’s worth, I like the Allstate work better. The writing, the acting, the directing; I respond to it more viscerally than I do for the “Risk” campaign. But does that make it okay? And if it isn’t “okay” are we in Ad Land the only ones that give a damn?