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February 7, 2007

Smoking Gun Discovered in Budweiser Super Bowl Commercial Ripoff Scandal

Guess it takes a little pilfer to make a little pilsener over at Budweiser. We spoke to Zach from the Whitest Kids U' Know about what is shaping up to be one of the most arrogant intellectual property thefts in recent advertising history:

"A while back, like in June or so, Budweiser contacted us through WMA [William Morris, their agent] and asked if we were interested in doing a regular show for them on what is I suppose called BudTV. We didn't respond because we were already working with FUSE but DVDs were sent out anyways."

There's your smoking gun, nonbelievers and anti-civil rights activists--The Whitest Kids' reel in a bow on Bud's doorstep. That factoid coupled with the general ubiquity of the Kids' video is enough evidence in the court of public opinion for us to make a ruling. Budweiser = Probably Guilty.

The main point of this is that just because we're living in the YouTube age, intellectual property is not up for grabs. Attached after the jump is an official press release sent out late yesterday by the Whitest Kids on the whole situation.

PRESS RELEASE
New York, NY (February 6, 2007) -- Despite the increase of viewer-created ads during this year's Super Bowl, a local New York sketch comedy troupe isn't laughing about a very familiar sketch during the recent Colts/Bears game.

The Whitest Kids U'Know, who star in the upcoming self-titled television series on the Fuse Network, are seeking legal counsel regarding the similarity of one of their well-known sketches to the commercial, "The Bud Light Slap Fight," which aired during the Super Bowl on Sunday, February 4th. The troupe's sketch, "The New Thing," which is featured on both the group's website and the network's website, is set to air on the debut of group's new show, "The Whitest Kids U'Know." Given that Budweiser representatives recently requested materials from the Whitest Kids for its Bud TV campaign, its members view this as more than a coincidence. Judge for yourself...

Whitest Kids U'Know: "The New Thing" (takes a minute to load)
http://fuse.tv/videos/popup2.php?playerid=219252199&lineupid=lineup17&titleid=title1570

Bud Light commercial (scroll down to "Bud Light Slap Fight"):
www.msn.foxsports.com/nfl/story/6442496

The group feels that "Comedians of our generation are struggling to get their work out there, and sites like You Tube and College Humor have become a huge help with that, so it is devastating to think that big corporations and ad agencies would come in and just take that work and use it for their own purposes, without any compensation or, more importantly, credit to the creators."

The Whitest Kids U' Know, formed as college students, have amassed a loyal grassroots following from their performances at New York comedy clubs. They created a sensation at the 2006 Aspen Comedy Festival, winning the Jury Award for Best Sketch Group, and received several offers from networks. The troupe was given the rare opportunity to skip the pilot process and went straight to series with an order from the Fuse Network, which will debut "The Whitest Kids U' Know" series on March 20th. The group is also writing a feature film for Paramount, which they will produce and direct and in which they will star. The Whitest Kids U' Know are Sam Brown, Zach Cregger, Trevor Moore, Darren Trumeter and Timmy Williams.

Posted by The Apiary at February 7, 2007 11:54 AM

Comments

While it's entirely possible that the commercial in question was (intentionally or unintentionally) inspired by or ripped off from this Whitest Kids sketch, I question that there could be any specific connection to the materials sent for Bud's BudTV project, as the commercial was almost certainly conceived and produced by an outside ad agency, and not Budweiser itself.

Posted by: frank at February 7, 2007 2:33 PM

..., an outside ad agency which was also involved in the BudTV project?

Posted by: Erik at February 7, 2007 3:57 PM

I really wanted to be on the WKUK's side in this ... BUT ... the commercial does not seem to me like a rip-off of the sketch. Sorry. It's not outside the realm of possibility for two people (or more that we don't know about) to think of the idea of slapping being the new fist-pound/high-five/handshake/whatever. That is not a very complex idea/premise. The two pieces take that idea and go in very different directions, which is why I was unconvinced after watching both videos.

And Frank is probably right that whoever is in charge of "BudTV" is almost certainly not the person who created the ad.

Posted by: Dave at February 7, 2007 3:58 PM

Also, what a fun and viral way to promote your new show on Fuse! It'll probably be good though, so anything to get the word out, I guess.

Posted by: umm at February 7, 2007 5:35 PM

Does anyone know about the various IP lawsuits that could stem from this? Or are the creative people always going to lose to the larger corporation..did they sign away their right to the content when they sent the tape to BudTV? How annoying.

Posted by: Mackenzie at February 7, 2007 5:51 PM

Having the dubious distinction of creating advertising for over 30 years at just about every ad agency in the country, I think I know a rip-off when I see one. But don't blame Bud... clients have too many lawyers to enjoy ripping off intellilectual property.

Blame some bad creative person at DDB Chicago, Bud's lead ad agency. And I'm sure his or her boss didn't know it was a rip when they bought it. Professional pride keeps most creatives from blantantly stealing.

That being said, I can name an agency in NYC that got it's start by ripping off the deli orgasm scene from "When Harry Met Sally" for Clairol.

Posted by: morrisongod at February 7, 2007 6:04 PM

http://www.usatoday.com/money/media/2006-09-05-bud-tv-usat_x.htm

"Overseeing Bud.TV will be James Schumacker, recently named vice president digital marketing and branded entertainment. Two producers from A-B's longtime ad agency, DDB Chicago, will manage production."

As mentioned, DDB also produced the ad in question.

Granted, DDB is a huge agency, but I'm sure that the A-B account, particularly in a defined media area such as TV/web"TV", is fairly consolidated.

I agree that WKUK utlimately took the sketch in a more extended direction (their sketch was 4-5 minutes vs 30 sec), but the initial joke's combination of "a new thing" and face slapping was novel. DDB could have at least changed the "new thing" to some other unexpected but equally slapsticky action--stepping on toes, noogies, anything. Perhaps that was asking too much from their "creatives".

Even if this is all coincidence, DDB should have been more careful to review their content to avoid any appearance of impropriety.

Posted by: Erik at February 7, 2007 6:11 PM

I said this on our site but I'll say it again here. Yes, the idea of a slapping scenario has been done to death in comedy. I would never suggest that we were the first ones to do a bit where people get slapped a lot and thats the joke. The problem with this ad (as others have stated previously) is that the slapping is done as a new form of social interaction. It’s a substitute for a greeting. Not only that but the timing/characters/camera angle are all very very similar. If you watch the first 7 seconds of both bits it’s nearly identical. That is the problem. That is a big problem.

Posted by: Zach at February 7, 2007 6:55 PM

Yeah, its not the slapping, its the context surrounding the slapping that is suspect. Like Zach said, slapping in comedy is ubiquitous--comedians used to use a slap-stick for fuck's sake. It's the idea of "this is the new thing" that makes it very clear that Bud ripped off those white kids. Sorry, those whitest kids. It's the ripping off of the very concept, practically the same line and thought, that takes this a step farther than the Olde English/Microsoft gun thing. That was suspect, but goes into the realm of true intellectual property thievery.

That said, I did just drink a pounder of bud... it was free guys, I'm sorry.

Posted by: AWOK Mike at February 7, 2007 10:13 PM

Nice investigation, Erik! Ka-boom!

Posted by: Nate at February 7, 2007 10:15 PM

Sorry, I left out a "this" the second to final line of my comment. It should have read, "That was suspect, but this goes into the realm of true intellectual property thievery."

I am fairly certain that Budweiser was to blame for that mistake.

Posted by: AWOK Mike at February 7, 2007 10:17 PM

Yeah, they ripped it off. Come on, it's exactly the same premise, just reduced to a 30-second gag.

I, like John Morrison, am also an "agency guy," and I know first-hand what douches they (we?) can be.

Being a comedian makes me cringe at the thought of stealing material... but most of my fellow agency creatives don't do stand-up.

Posted by: Anthony at February 7, 2007 10:36 PM

One could then argue that the Whitest Kids U Know ripped off Guy Maddin's Sissy Boy Slap Party.

Posted by: Scott Pakudaitis at February 8, 2007 11:35 AM

Sure, one could then arg--

-SLAP!-

WAKE UP!

-SLAP!-
-BACKSLAP!-

IT'S THE CONTEXT!!!!!!

(Why do so many people not see this?)

Posted by: Erik at February 8, 2007 12:04 PM

I disagree that Budweiser invented comedy. Wait. Maybe I should read this thread more carefully...hmm. Yep, WKUK got ripped-off.

Posted by: Andres at February 8, 2007 1:46 PM

Well, I think the real problem with the "intellectual preperty" claim is that the idea isn't all that clever. It would be one thing if the Whitest Kids had a sketch about, like, Afrika Bambaataa entering a water-skiing competition to impress his uncle. THEN, if you turn on the TV and see a Bud commercial with Afrika Bambaataa putting on water skis and waving at his uncle, fine.

But the logic behind this sketch/ad isn't hard to come by. "Hey - when you think about it, slapping hands and punching fists is kind of violent for a greeting. What if...hey check this out...greetings were REALLY violent? What would THAT be like?" I think Sinbad may have even had a bit about it.

Please don't hurt me for remembering a Sinbad joke.

Posted by: Christastrophe at February 8, 2007 1:53 PM

Man, come on. It's fucking obvious that Budweiser ripped them off. I don't know why people are posting comments defending Bud, like trying to use logic like "Well, hey, anyone could think that up".

Of course, anyone can think ANYTHING up, the point is, The Whitest Kids thought it up first. Bud saw a funny bit, and thought no one would care if they stole it.

Also just like to say that The Whitest Kids have the most original and freshest comedy I have seen in a long, long time. I wish 'em much luck on their Fuse series, and movie with Paramount.

Posted by: TheMightyJuiceBox at March 28, 2007 1:00 PM

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