Copying Video Ads: Essential Dos and Don'ts for Marketers

Recently, I've noticed a surge in copycat advertisements following the immense popularity of Apple's 2024 "Crush" ad—a visually stunning piece that has not only captured the hearts of viewers worldwide but also reignited discussions around originality in advertising. This trend isn't entirely new , however. Cast your mind back to 2008, and you might recall a remarkably similar ad by LG. This phenomenon has led me to reflect on the delicate balance between drawing inspiration and crossing the line into imitation, prompting a deeper exploration into the dos and don'ts of copying video ads in the ever-evolving world of marketing.

Navigating the Fine Line

It's a fact: video ads play a pivotal role in capturing consumer attention. However, as the pressure mounts to create engaging content, some marketers may find themselves tempted to copy successful video ads from other brands. While drawing inspiration is a common practice, outright copying can lead to legal, ethical, and brand reputation issues.

Here’s a guide to help marketers navigate the complexities of copying video ads, ensuring they stay on the right side of creativity and legality.

Do: Draw Inspiration Responsibly

Do Take Inspiration from Themes and Concepts It’s perfectly fine to observe what makes other ads successful—be it their emotional appeal, humor, or storytelling techniques. Use these observations as a springboard for your own unique ideas.

Do Adapt and Modify If a particular style or approach appeals to you, think about how you can adapt it to fit your brand’s message and audience. Modification is key to transforming inspiration into something new and original.

Don't: Cross Legal Boundaries

Don’t Use Copyrighted Material Without Permission This includes music, video footage, scripts, and even specific, recognizable formats. Always obtain the necessary rights or find royalty-free alternatives.

Don’t Imitate Distinctive Brand Features Avoid using elements that are uniquely identifiable with another brand, such as logos, slogans, or signature color schemes, as this could lead to trademark infringement and consumer confusion.

Do: Maintain Your Brand’s Integrity

Do Align with Your Brand’s Voice Ensure that any inspiration drawn is filtered through your brand’s identity. Consistency in your brand’s voice and message is crucial for building trust and recognition with your audience.

Do Innovate Always strive to add something new to whatever inspires you. Innovation not only distinguishes your brand but also drives engagement by offering audiences something fresh and exciting.

Don't: Mislead Your Audience

Don’t Create Copycat Ads That Confuse Your ads should clearly differentiate your brand from competitors. Avoid creating ads that could confuse customers about which brand they are engaging with.

Don’t Sacrifice Quality for Quick Gains Copying for the sake of quick content production can compromise the quality and effectiveness of your marketing efforts. Invest the time to create content that truly reflects your brand’s values and quality standards.

Do: Understand the Legal Landscape

Do Educate Yourself and Your Team Stay informed about the legal aspects of advertising, including copyright, trademark, and fair use laws. Knowledge in these areas can prevent costly legal mistakes.

Do Consult Legal Experts When in doubt, consult with legal professionals. This is particularly important when you are navigating close parallels with existing ads.

What About Parody in Advertising?

Parody in advertising refers to a comedic or satirical imitation of another work, typically for humorous purposes or social commentary. It involves mimicking or exaggerating certain elements of the original work to make a point or deliver a message. Legally, parody is protected under the doctrine of fair use in many jurisdictions, including the United States, which allows for some leeway in using copyrighted material without permission

Here are some ads that use parody:

1. Apple’s ‘1984’ and Motorola’s ‘2011’: Apple's iconic ‘1984’ Super Bowl commercial, directed by Ridley Scott, was highly influential and has been mimicked several times. Motorola’s 2011 Super Bowl ad for the Xoom tablet recreated many elements of the dystopian aesthetic and narrative style of Apple's original ad.
2. Cadbury’s ‘Gorilla’ and Dairy Milk’s ‘Trucks’: Cadbury’s famous ‘Gorilla’ ad, which featured a gorilla passionately playing drums to Phil Collins' "In the Air Tonight," was wildly popular. This success led to other brands trying to capture a similar magic, like a later ad from Cadbury itself, ‘Trucks’, which attempted to recreate the quirky, unexpected joy of the original.
3. Old Spice’s ‘The Man Your Man Could Smell Like’ and Edge Shave Gel’s ‘The Man Your Man Could Smell Like’ Parody: Old Spice’s ad featuring Isaiah Mustafa quickly became a sensation for its humorous and quirky take on masculinity. Edge Shave Gel created a parody of this ad, which mimicked the style and delivery but with a twist focusing on the product’s benefits.
4. Apple’s ‘Shot on iPhone’ and Samsung’s ‘Captured on Galaxy’: Apple's ‘Shot on iPhone’ campaign, which showcases the quality of the iPhone camera through user-generated content, was emulated by Samsung with their ‘Captured on Galaxy’ series. Both campaigns aim to highlight the camera capabilities of their respective smartphones through everyday photography by users.
5. Guinness’ ‘Surfer’ and John Smith’s ‘Scuba Diver’: Guinness’ ‘Surfer’ ad, which featured surfers battling a gigantic wave, became iconic for its cinematic quality and compelling narrative. John Smith’s later released a ‘Scuba Diver’ ad, which humorously parodied the dramatic tone and style of the Guinness original.

These examples illustrate how successful advertising concepts often become templates or inspiration for other campaigns, sometimes leading to very similar executions.

And lastly:

Copying in advertising can be a slippery slope if not handled with care. While it’s a practical impossibility to create in a vacuum, and all creatives draw on a shared pool of ideas, the key to responsible marketing lies in how you adapt these ideas into something genuinely worthwhile for your audience. By adhering to these dos and don'ts, marketers can ensure their video ads not only avoid legal pitfalls but also maintain ethical standards, ultimately strengthening their brand in the long term.