Xerox Ros & Eftercopy?
September 28th, 2010 by rasmusSigur Rós just posted a very interesting post on their blog. Interesting in the way that you get offended on their behalf and also interesting because it describes a hot topic and widespread standard in the TV ad business today.
Have you ever watched a TV ad and thought that the music reminded you of a song you know by a band you like?
Quite often bands willingly let TV ads feature their music in return for a fair compensation, but just as often TV ads feature music that is copying original artists. Sometimes the similarity is just too much and it makes your stomach turn. The Sigur Ros blog post showcases a line of these bad examples.
Recently we got contacted by an Efterklang listener in Brazil. He wanted us to watch this new and expensively produced TV ad for Brastemp. A huge local company owned by Whirlpool Corporation. The music in their ad is so heavily inspired by Modern Drift that it for sure made our stomachs turn.
Let us know what you think?
The Brastemp TV ad
Here is our video for Modern Drift
September 28th, 2010 at 18:02
Are you kidding me?!?! It made my stomach churn for you. What recourses do you have?
September 28th, 2010 at 18:03
God, god, god. My stomach turned too. You should make a pursuit. That’s plagiarism.
September 28th, 2010 at 18:08
I can’t believe anyone would do such a thing!! Modern Drift is an excellent song.. and they’ve just completely ripped it off!
The sad thing is, a lot of people who view that ad may not know of Modern Drift, and will think that it’s a good song!
So unfair…
September 28th, 2010 at 18:20
In my opinion, the Brastemp advert has copied Modern Drift much more than those that Sigur Ros lay claim to. It undermines everything that artists and musicians strive to achieve!
September 28th, 2010 at 18:27
man… pretty disgusting…
September 28th, 2010 at 20:08
Oh. My. God! That is completely outrageous. You must sue. NOW.
September 28th, 2010 at 20:36
I’d take legal action. Tom Waits has successfully sued a number of advertising companies for similar infractions. I think a soundalike covered one of his songs for a spanish company and I think he also got a wad for when Levi’s used John Lee Hookers version of Heart attack and vine. Wait’s is notoriously against his stuff being used in ads and I’m sure he’s succesfully sued a number of times.
It’s not just a little close it is a rip off. So,eone is making cash from your work. I’d be really pissed off.
September 28th, 2010 at 21:06
Rasmus, call your lawyer…
September 28th, 2010 at 21:07
I don’t even want to watch the video, because I know I’ll get so upset. This happened with Mew a few years back too with a Norwegian TV ad, and they took legal action (you can see a Norwegian article about it here http://i51.tinypic.com/315l45k.jpg).
People who do things like this are total scum. Don’t let them get away with it!
September 28th, 2010 at 21:26
…And didn’t this also happen to Hvass&Hannibal earlier this year?? Some people out there…it just makes me sick.
September 28th, 2010 at 21:44
thanks for all the comments guys – this field is a total gray area. I think we can all agree that this ad music is a rip off of Modern Drift. That however does not mean we can win a lawsuit. Copyright laws are different in every country and the factors you use to decide whether a song is a copy or not also varies. In this example the person that did the music for the ad has wisely made variations to all the melody lines.
All this said we are taking legal actions, but have been told it can take as long as 5 years to run a case like this in Brazil
no matter what this topic is interesting.
We also have friends who compose music for TV ads and we are totally aware how ad agencies ask for new music. “We want something like that song by that band”
There must some kind of limit for how close you go though. Im sure a lot of ad composers try to make new music in the same vibe and atmosphere as the ad agencies ask for without copying. But if they compose music too far of what was asked for the ad agency will pick another composer. It is a question of money unfortunately. There will always be one composer who is willing to copy more to get the job. You can´t really blame one link of this chain. The whole chain feeds greedy behaviour
September 28th, 2010 at 21:52
Certainly stomach turning and ridiculously similar. one of the most troubling thoughts is that it took talented musicians to write and play that seemingly original piece.
On a completely different note, I just saw your show in Atlanta at the EARL. I have been a fan of Field Music but had never heard your incredible sound before last night. Thank you for lifting us all up. It was remarkable.
A side note, I saw that Heather Broderick is a supporting member for live shows. The smoky, roundness to her vocals makes a really nice compliment to the sound ; )
I was impressed by all, of course. Everyone on multiple instruments is perhaps the best part.
I really enjoyed discovering buke & gass too. Thanks for bringing along great folks. Can’t say enough good things. Please keep Atlanta on your list : )
September 28th, 2010 at 23:57
the music in the ad sounds like a mixture of Disney’s Lion King and Modern Drift…must have been a quite odd assignment description to get even for a copy cat musician….
September 29th, 2010 at 05:40
Absolutely nauseating, and damn absurd. The worst part about it is that mindless people will immediately ask “Who is that band in the video?!” and these conniving sons of bitches will become prosperous off your original talent. Unfortunately, this type of thing happens among every profession out there. So I’ll share a little website that you may find interesting: (http://youthoughtwewouldntnotice.com/).
I’m seeing you guys tomorrow in DC, and I can’t wait.. du fortjener en øl.
September 30th, 2010 at 01:32
Maybe you could go after the Agency who did the ad…in my world when one designer knocks-off another designer so blatantly it makes you look bad. Based on a quick web search it looks like DDB is the agency responsible for a lot of Brastemp’s ads.
September 30th, 2010 at 01:42
that’s a great remix, but i have to say i don’t understand the video.
waaaait…
September 30th, 2010 at 02:22
[...] el blog de Efterklang, he leído una entrada interesante sobre el plagio comercial que han sufrido dos de [...]
September 30th, 2010 at 13:55
[...] grupa Efterklang zamieściła na swojej stronie wpis dotyczący pewnej brazylijskiej reklamy… pralki. Całość szybko ulega wyjaśnieniu. [...]
September 30th, 2010 at 14:28
Just as someone posted before – Tom Waits successfully sued a few parasite companies for a number of similar cases, have a look: http://en.wikipedia.org/wiki/Tom_Waits#Lawsuits
September 30th, 2010 at 16:37
Holy crap, I didn’t think it’d be so obvious.
These ‘musicians’ who make these copycat songs for ad copy must carry their souls around in a thimble. That’s what offends me more, we can expect advertising types to be soulless. Whatever the legal ramifications of such shameless copying, they need to at least be named & shamed.
October 1st, 2010 at 01:02
Its one thing being inspired but another to completely rip something off.
This attitude to music and art being ripped off by advertising has been going on for years, its rubbish.
They really are taking the ****
October 2nd, 2010 at 03:26
THIS IS RIDICULOUS! it’s complete plagiarism. foul foul foul.
October 2nd, 2010 at 16:24
aaaahhhhhhh!!!! this really is infuriating!!! i will be out tonight at glasslands to support independent music. boycott whirlpool and let ‘em know why!!!!
October 2nd, 2010 at 22:07
This is obviously plagiarism. If you’re interested in this subject, Malcolm Gladwell wrote a pretty interesting article into it: http://www.newyorker.com/archive/2004/11/22/041122fa_fact
October 2nd, 2010 at 22:46
Booo. That is a ripoff! At least Modern Drift is so much better than their version. Ridiculous.
October 6th, 2010 at 13:32
Well it’s pretty clear that Whirpool is gonna pay for your next projects.
If this doesn’t lead to a lawsuit, i don’t now what will.
Go and get them.
Cheers Mo.
October 8th, 2010 at 02:21
That is indeed waaay too similar for them to get away with. I’m hoping/assuming 4.A.D will take care of everything for you…as in have their lawyers handle everything while you do what you do best: MAKE GREAT MUSIC!
October 11th, 2010 at 02:16
PS. check this out
http://pitchfork.com/news/40346-grizzly-bear-biting-ad-yanked/
October 11th, 2010 at 21:00
Hi there!
I’m an Efterklang listener in Brazil too. I didn’t know the Brastemp TV ad. It doesn’t surprise me. Here is common to happen this kind of thing.
I think it’s wrong. But, in some way, this shows that Efterklang’s music is really admired.
Congratulations for the music. It’s pretty good.
October 29th, 2010 at 05:29
But, what do you think about that?
I think is very sad
November 1st, 2010 at 15:37
Has anyone seen the new VW ad in N. America. I could it on Fox Sports plus. Sounds eerily like the real thing (modern drift).
November 1st, 2010 at 15:43
Hey Edens
That Volkswagen ad is the real real thing. They have licensed Modern Drift for that ad fair and square and we welcome it.
cheers
Rasmus
November 2nd, 2010 at 03:32
I just saw the Volkswagen commercial tonight on television!
It was so nice to hear. At first I was a bit spooked, because I heard what happened in Brazil, but it’s such a relief to hear that it was licensed fair and square.
It was so WONDERFUL to hear you guys on TV! I don’t get to hear you guys very often aside from my mp3 player!
You know, sad things like the Brastemp ad happen, but the feeling I got hearing the real thing out of nowhere after such a long day was so comforting.
If only they took the time to get it licensed, then people everywhere could feel that way!
Thanks for everything, Efterklang. =)
November 3rd, 2010 at 17:47
The track used as a trailer on this site also sounds a bit Modern Drift-y:
http://www.desigualhappyhunters.com/
November 7th, 2010 at 19:48
you are right!
I like this copy better than the Brastemp copy though!
March 23rd, 2011 at 03:26
Hey Rasmus
I had no idea about all of the above – unbelievable all the best with the action! I only discovered this because I heard what I thought to be eferklang on a VW ad last night – so I googled VW AD EFTERKLANG and it led me here – I am relieved to know that it was official.
On another note – I do hope all of those music lovers who have posted comments about artists being ripped off and having their music stolen and not receiving any payment for it – feel as strongly about the illegal downloading of music ?!
love and peace – till we meet again xoxo