- Earlier this month, food platform EatFit accused global food giant Kellogg’s of copying the concept and tagline of its ad campaign ‘Kuch Kar Dikhane Ki Bhook’’ and even took the issue to the Advertising Standards Council of India (ASCI). The latter dismissed the allegations.
- Months before, Amul Macho had approached the ASCI accusing inner wear brand Lux Cozi of plagiarism. The Consumer Complaints Council observed there was no similarity between the the two advertisements and hence there was no violation of the Advertisement Code.
- In a highly published fiasco, German automaker Audi was forced to pull out an advertisement featuring Hong Kong superstar Andy Lau last year for word-for-word similarities with a poem by a Chinese influencer on Douyin.
Plagiarism is not a new monkey. But the advent of ChatGPT and the two recent cases involving big advertisers such as Kellogg’s and Amul have reignited debate over the menace of copylifting in ad land. Insiders says modern-day advertising is more susceptible to plagiarism, largely on account of the ocean of content that is created on a daily basis and that floats across the world wide web. Plus there is the issue of ever shortening deadlines.
Snehil Gautam, head of growth and marketing, Housing. com, says that the growing pressure to produce swashbuckling ads in shorter-than-ever timeframes can sometimes lead to a lack of originality, which can lead to borrowing or outright copying of sparkling ideas. Reshma Thomas, partner, Purplemango (the agency behind the EatFit’s campaign), adds that while individuals can be tempted to pick/re-use work hoping they will get away with, it is the responsibility of the senior agency hands to ensure that the work is fresh. On their part, clients have to take it upon themselves to maintain records of ads released and the teams that have worked on each and every campaign.
But that is easier said than done.
Sandeep Goyal, managing director, Rediffusion, says plagiarism is not only about copying others’ work. “I have seen many creative guys who include work in their portfolio that happened while they were at an agency but they had nothing to do with it. They just take credit for work that was never theirs but proudly put it out in their portfolio. That is plagiarism of a real kind — appropriating work that is not theirs at all.”
Drawing the line
In essence, technology is turning out to be a two-way street when it comes to plagiarism. While it has become easier to detect when someone copies an idea or text, it has made it easier to plagiarise.
Many feel that consumers do remember a memorable line and thus a copycat ad ends up strengthening the first brand. In fact, even when the script isn’t an outright copy, similar characterisation and situations can trigger the same response. For instance, the Swiggy Gulab Jamun Uncle, who popped up in a variety of ads (Vadilal and Mfine in particular) after Swiggy made him a household name, ended up reinforcing Swiggy, even without the food delivery platform spending an extra dollar.
However, it’s absolutely possible for two or more people to stumble on the same idea, that too at the same time, says Vikash Chemjong, CCO, Cheil India. Unfortunately, the first one to get the ad released becomes a hero, and the rest plagiarists, which Chemjong thinks is unfair.
So where does the responsibility lie? What is the recourse available to an aggrieved party?
The ASCI code mandates that all brands thrive on a level playing field in advertising. Chapter 4.3 of its Code states that ads must not be similar to another advertiser’s earlier ads in general layout, copy, slogans, visual representations, music, or even sound effects as that implies plagiarism. That apart, Chapter 4.2 of the Code states that ads shall not make unjustifiable use of the name or initials of any other firm, company, or institution. In general, advertisers comply with ASCI recommendations. But it is equally true that in the last three years, the industry’s apex body has received at least three complaints of plagiarism. Many have gone unreported.
“Plagiarism signifies the demise of creativity, and if proven guilty, the brand may also be subject to severe legal repercussions,” says Manisha Kapoor, CEO and secretary general of ASCI.
Protecting creativity
n Ad agencies and brands can protect their intellectual property rights by registering trademarks and copyrights for their creative works. A non-disclosure agreement must be signed by all employees, contractors, and partners to protect confidential information
n By limiting access to sensitive information, agencies and brands can ensure employees and contractors have access only to the information they need to fulfill their jobs. Thus, information leaks and thefts can be reduced
n Agencies must monitor online activity to detect unauthorised use of their work and must flag deviations, take legal action and seek damages for any losses.
Courtesy Snehil Gautam, head of growth and marketing, Housing.com