iPod The Postal Service responds to Apple's Intel Ad

DTphonehome · Jan 20, 2006

So, The Postal Service is apparently upset ("dissapointed") that Apple seems to have ripped them off:

http://www.postalservicemusic.net/

Here's the text of the statement, for those of you too lazy to click a link:

"It has recently come to our attention that Apple Computers' new television commercial for the Intel chip features a shot-for-shot recreation of our video for 'Such Great Heights' made by the same filmmakers responsible for the original. We did not approve this commercialization and are extremely disappointed with both parties that this was executed without our consultation or consent. -Ben Gibbard, The Postal Service"

I'm all faklempt...talk amongst yourselves...

--DT

HiRez · Jan 20, 2006

DTphonehome said:
So, The Postal Service is apparently upset ("dissapointed") that Apple seems to have ripped them off:

On the surface I'd say that sucks. However, the agency/studio that made the film may very well have the rights to the visual aspects of it, I have no idea. So legally, Apple may be in the clear, but it still leaves a bad taste. Too bad they couldn't have just used their song and payed them, "such great heights" sounds appropriate for the ad anyway and it's not a bad song. At the very least they could have included the band in some way. Even if they don't own the rights to the material, it's part of their history and to just yank it out and co-opt it for another purpose without consent is just not cool.

Applespider · Jan 20, 2006

If I were 'The Postal Service' I'd point the similarities out but I'd be slightly grateful too. There are probably a heck of a lot of extra people who've now heard of them. I know I'd never heard of them, let alone seen their video. It's entirely possible that the same applied to the creative bod who came up with the Apple 'version'. Who knows whether it was deliberate or not? There are only so many ways to show a whited out lab after all.

DTphonehome · Jan 20, 2006

HiRez said:
On the surface I'd say that sucks. However, the agency/studio that made the film may very well have the rights to the visual aspects of it, I have no idea. So legally, Apple may be in the clear, but it still leaves a bad taste. Too bad they couldn't have just used their song and payed them, "such great heights" sounds appropriate for the ad anyway and it's not a bad song. At the very least they could have included the band in some way. Even if they don't own the rights to the material, it's part of their history and to just yank it out and co-opt it for another purpose without consent is just not cool.

I agree. What's worst about this whole debacle is that Apple will probably end up pulling the ad, and it's the cornerstone of their new ad campaign. Remember when they introduced the PowerMac G5 as "the world's desktop computer"? They had to pull that ad too when it was found to be untrue by the European Trade Commission.

We're all clamoring for a Mac advertising blitz on par with the iPod campaign, but it's just a series of false starts.

iGary · Jan 20, 2006

I would know nothing about the Postal Service's video if it had not been for Apple.

I've heard a few of their songs, but if I were them....ride the publicity. They wanna take on Apple Legal - uh yeah, that's smart.

PlaceofDis · Jan 20, 2006

i enjoy the Postal Service. good music. but seriously, unless its exact duplicate don't complain. but thats me.

Le Big Mac · Jan 20, 2006

HiRez said:
On the surface I'd say that sucks. However, the agency/studio that made the film may very well have the rights to the visual aspects of it, I have no idea. So legally, Apple may be in the clear, but it still leaves a bad taste. Too bad they couldn't have just used their song and payed them, "such great heights" sounds appropriate for the ad anyway and it's not a bad song. At the very least they could have included the band in some way. Even if they don't own the rights to the material, it's part of their history and to just yank it out and co-opt it for another purpose without consent is just not cool.

What's funny is it's getting advertising front and central on iTunes as well!

Looks like the film co. should get in trouble for this, though, not Apple. I doubt Apple is doing a search for copyright infringement.

yankeefan24 · Jan 20, 2006

DTphonehome said:
Remember when they introduced the PowerMac G5 as "the world's desktop computer"? They had to pull that ad too when it was found to be untrue by the European Trade Commission.

We're all clamoring for a Mac advertising blitz on par with the iPod campaign, but it's just a series of false starts.

What was untrue about the PM ad???

I want apple to advertise their computers more. everyone knows about the ipod, but many don't know about the Mac.

DTphonehome · Jan 20, 2006

Applespider said:
If I were 'The Postal Service' I'd point the similarities out but I'd be slightly grateful too. There are probably a heck of a lot of extra people who've now heard of them. I know I'd never heard of them, let alone seen their video. It's entirely possible that the same applied to the creative bod who came up with the Apple 'version'. Who knows whether it was deliberate or not? There are only so many ways to show a whited out lab after all.

Maybe they did get lots of publicity, but it's pretty disheartening for your creative work to be so blatantly ripped off. And yes, it's probably the creative team at fault here (the directors and ad agency), but Apple will take some flak for it, and the creative people in charge of this project should have known better.

I've heard the "how many ways can you shoot a chip fab" argument before, but it's baseless. The camera angles are nearly identical, the expressions on the actors' faces are similar (they even look alike), and the slow motion, camera panning, and general pacing of the videos are too similar to strike away as coincidence. If you've ever shot a video before, you'd know that every one of those factors are thought out carefully. There's definite intent behind the ad.

--DT

DTphonehome · Jan 20, 2006

iGary said:
I would know nothing about the Postal Service's video if it had not been for Apple.

I've heard a few of their songs, but if I were them....ride the publicity. They wanna take on Apple Legal - uh yeah, that's smart.

There's clear prior art involved here. It's not some amorphous patent dispute. The Postal Service video was out for quite a while already, then the Apple ad came out afterwards. I'm sure Apple isn't interested in getting dirty with this either. They'll pass the buck along to the ad agency, let them battle it out (if it comes to that). My guess is a quick apology from Apple, and the ad is pulled.

Le Big Mac · Jan 20, 2006

yankeefan24 said:
What was untrue about the PM ad???

The European Commission could find it false advertising to call the sky blue if it feels like doing so.

DTphonehome · Jan 20, 2006

yankeefan24 said:
What was untrue about the PM ad???

I want apple to advertise their computers more. everyone knows about the ipod, but many don't know about the Mac.

The ETC found that the claim was unverifiable, so the ad was against the law in certain Euro markets. Not that I agree with it, it's just that Apple tends to have bad luck with their ads. Now with the Intel iMac, they've managed to piss off Intel and The Postal Service. It's not good for them to step on everyone's toes.

yankeefan24 · Jan 20, 2006

DTphonehome said:
The ETC found that the claim was unverifiable, so the ad was against the law in certain Euro markets. Not that I agree with it, it's just that Apple tends to have bad luck with their ads. Now with the Intel iMac, they've managed to piss off Intel and The Postal Service. It's not good for them to step on everyone's toes.

thanx for the quick reply. ur right about the new imac ad. intel and the postal service. I had a sense when i watched it that intel allowed apple to do that, until i found out intel did not see it before. But it is true. Almost all PCs are dull little gray boxes.

Chaszmyr · Jan 20, 2006

yankeefan24 said:
But it is true. Almost all PCs are dull little gray boxes.

A couple years ago that was true, PCs are nicer looking now though... Though they still lack the elegance of Macs

besler3035 · Jan 20, 2006

Le Big Mac said:
What's funny is it's getting advertising front and central on iTunes as well!

Looks like the film co. should get in trouble for this, though, not Apple. I doubt Apple is doing a search for copyright infringement.

I wonder if The Postal Service and Apple came up with some sort of quick dealio so that Apple would advertise The Postal Service's video as well, in order to put this conflict behind them.

DavidLeblond · Jan 20, 2006

Le Big Mac said:
What's funny is it's getting advertising front and central on iTunes as well!

Looks like the film co. should get in trouble for this, though, not Apple. I doubt Apple is doing a search for copyright infringement.

But the film company did both the ad and the video. Should they sue themselves?

DTphonehome · Jan 20, 2006

DavidLeblond said:
But the film company did both the ad and the video. Should they sue themselves?

Nope, The Postal Service and Apple should both get some sort of compensation (not necessarily cash or sexual in nature), or they drop the agency. If I had hired an agency to produce a commercial or video for me, and they pulled this shtick, you bet I'd be pissed.

blackpeter · Jan 20, 2006

"We did not approve this commercialization and are extremely disappointed with both parties that this was executed without our consultation or consent. -Ben Gibbard, The Postal Service"

Sheesh. Shows that Ben Gibbard has progressed nicely from unknown to obscure to pop star and finally to self-important celebrity type. Good to know success hasn't gone to his head.

Here's a hint: Mugging for MTV and the established music machine did more for the "commercialization" of your music than any silly ad. Just donate the royalties you are certain to receive from the added publicity if you are so sick of being part of the establishment.

DavidLeblond · Jan 20, 2006

They're probably just pissed because they just got a new MacBook Pro and found out that they can't use Logic Pro for another few months.

Le Big Mac · Jan 20, 2006

DavidLeblond said:
But the film company did both the ad and the video. Should they sue themselves?

No, postal service should sue the film company. it's easy--we hired you to film this, so we own the copyright. you then reused the ideas we hired you to do and sold them to apple.

emaja · Jan 20, 2006

Le Big Mac said:
No, postal service should sue the film company. it's easy--we hired you to film this, so we own the copyright. you then reused the ideas we hired you to do and sold them to apple.

Let's not assume the band owns the full rights to the video. I am sure that the director has every bit as much - and probably more - to do with the look of the video than the band. While the songs almost certainly belong the band, wouldn't it stand to reason that the video belongs to the director?

Oryan · Jan 20, 2006

Here's a video showing side-by-side shots from the music video and the ad. They really do look a lot alike, but I don't think Apple is at fault here.

mdavey · Jan 20, 2006

besler3035 said:
I wonder if The Postal Service and Apple came up with some sort of quick dealio so that Apple would advertise The Postal Service's video as well, in order to put this conflict behind them.

I got the impression that Apple started promoting The Postal Service video before the band put the notice up on their website.

What I really don't get though, is why on Earth they chose to go with Moby rather than Such Great Heights. An instrumental version of the later would have been much better.

Edit: for anyone who hasn't seen the full length original yet: here. Even some of the lyrics are strangely appropriate. Perhaps Apple could do a follow-up video for the release of the MacBook Pro - same sequence except with the MacBook Pro at the end and Such Great Heights as the soundtrack?

Verto · Jan 20, 2006

I just realized The Postal Service is not, in fact, being used to refer to the US Postal Service

Lacero · Jan 20, 2006

So The Postal Service decides to base their song around a chip manufacturing plant, when the video could have been shot on the moon, of all places, and now they are complaining that a computer company is using the same settings for their commercial? Give me a break!

I love TPS as much as the next person, but they are acting like total dip$#i†s! Talk about commercialization. They exploited the clean room for their own purposes.

Here's to the Crazy Ones

iPod The Postal Service responds to Apple's Intel Ad

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