Blog 6

Within the advertising community there’s tons of different remixes and assemblages. One might find remixes of well-known songs in an ad. An example of this happens in a gum commercial by Extra. They take Elvis’s “Can’t Help Falling in Love,” give it a woman’s voice, and create a commercial that makes one wish that was their man and maybe brings a couple tears to one’s eyes.

Here’s the link:  https://www.youtube.com/watch?v=XLpDiIVX0Wo

An example of an assemblage in advertising would be Charlie Day’s NFL commercial for DirectTV. It combines multiple teams’ jerseys and places them in different locations in a commercial that’s guaranteed to make one laugh.

Here’s the link: https://www.youtube.com/watch?v=4Duo6iq2uUI

Copyright plays a huge role in advertising. Advertising is a very creative field, so as one can imagine, people in advertising probably wouldn’t be very appreciative of people stealing their ideas. That said, if a company wants to use a certain song within their commercial then following copyright laws, they have to ask permission before use, as advertising is meant to be a tool by which a company can utilize to create revenue. That said, I’m not really sure if there’s any means for which Fair Use could apply in advertising. I imagine there may be some scenarios, but when companies serve to benefit from these ads, it’s hard to imagine there actually being any ways in which Fair Use could be applied here. However, if someone wants to borrow an ad to show to a class for educational purposes, then that may be one way in which Fair use could be applied in advertising.


In the advertising community, the rule to live by, should be if you aren’t sure, check, double check, and triple check to make sure you’re allowed to re-use a song, quotes from a movie, et cetera, as you probably most definitely don’t want to get your pants sued off. It’s not that hard to check copyright law, and ask permission to borrow or use something that has been used before, or created by someone else. In addition, one might want to look for ways in which fair use can be applied in advertising so as to cover all the bases.

Comments

  1. UnknownOctober 9, 2017 at 3:46 AM

    Yes, I think your reading of Fair Use's (in)ability to help advertisers is right on: advertising isn't well represented in the 4 factor system (it exists for profit, it re-adapts creative works--in the example of songs--and deals with copyrighted work; maybe the only factor that could assist is the amount used).

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