Can You Copyright The Idea Of Dancing On Treadmills?

from the one-hopes-not dept

By now, one hopes that you've seen the incredibly creative video that the band Ok Go did for the song "Here It Goes Again." The video, filmed in a single take, has the four band members dancing across a series of treadmills. Yet, as William Patry points out, there may be a bit of a dispute coming over the concept. Apparently, a television commercial for some vitamin supplement in the UK is making use of folks dancing on treadmills to a different song after taking the supplement. It's clear that the idea is from the band's video, as the moves are even the same. An article in The Scotsman suggests that legal action is brewing, noting that "There was extensive negotiation to use Ok Go (by the JWT advertising agency on behalf of Berocca's manufacturer Bayer] but this didn't bear fruit."

Of course, there's nothing definitive about the band taking action -- and it seems unlikely that the band would actually do anything about this. The band's members have been very vocal about technology and intellectual property issues (in a good way), including writing NY Times op-ed pieces and testifying before Congress. The band has also been very open and encouraging of getting fans to copy their videos (the band has some other popular videos as well). While the band might have a claim on the identical choreography aspect (you can't copyright an idea, but you can on the expression of that idea), it seems like no good would come from such a complaint. It would certainly only help the vitamin supplement company. Instead, hopefully, the band recognizes that this is, indeed, the sincerest form of flattery, and the attention the vitamin ad generates will likely only increase the number of folks who seek out the Ok Go video (and become fans of Ok Go's music).

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