The indie rock band, OK Go, accused Apple of ripping off a video of theirs for a promotional clip during their global product launch Tuesday.
OK Go manager Andy Gershon in a recent interview said he met with Apple to pitch a concept that involves one continual camera that goes around a room and shows various messages depending on the the camera’s perspective. When Apple declined, the band hired the company 1stAveMachine and made the concept into their video for “The Writing’s On the Wall.” OK Go posted the video to YouTube in June and since it’s posting, it has since gained 10 million views and won the MTV Video Music Award for Best Visual Effects.
When Apple premiered their new video “Perspective”, which looks eerily similar to “Writing’s On The Wall” and was created by the same company that worked with OK Go, there is no surprise that the band was shocked at this realization. Apple hire 1stAveMachine as producers and the company even used the same exact director behind OK Go’s video. “The videos speak for themselves,” said Gershon.
OK Go is considering legal action against Apple, according to Gershon. However, Stanford law professor Mark Lemley noted that the band could possibly not have much of a case. Lemley said there is precedent for an “idea submission case,” which is when someone who pitched an idea in private can seek charges if the idea is used without their involvement. However, these cases tend to require a non-disclosure agreement, and OK Go does not seem to have one. Lemley also stated that if the band does try to take charges, taking legal actions is “unlikely to succeed.” He added, “That said, from a PR perspective, I’d say it wasn’t a smart move by Apple.”
Any complaints of plagiarism could be quite bad for business as the company spent $100 million into this advertising campaign. The best part of this entire ordeal is that if Apple did actually plagiarize, it would invalidate “Perspective” as a “tribute to people who have always seen things differently.”