... how strange, to call oneself a writer. I have no more access to language or vocabulary than anyone else. A turn of phrase is, more often than not, an accident; it will happen to any one who scribbles prodigiously.
And is it a gift, really, to watch the world and the people in it, until ideas collect and stories tell themselves?
If I am a writer,
it's entirely a result of my perspective. That, I will claim as my own. Whatever
the subject, topic, purpose - I cultivate my own perspective. When I write
for others, my job is to help find their perspective and to share it with
their audience.
Not mine. Theirs.
The verdict is
in: Audi of America, along with its 1999
advertising agency McKinney & Silver,
copied
the work of author and artist Brian Andreas.
...
"Angels
of Mercy" reads, "Most people don't know that there are angels whose
only job is to make sure you don't get too comfortable & fall asleep &
miss your life[.]"
The television advertisement's voice-over reads, "I think I just had
a wake up call. And it was disguised as a car and it was screaming at me not
to get too comfortable and fall asleep and miss my life." The text, or
script, was the only element of that particular television spot that did not
change during the entire production.
...
Although the defense featured an expert witness who opined what she believed
a fair payment would have been had Mr. Andreas agreed to license the story,
Andreas has a career track record of not licensing his stories and is notoriously
protective of the integrity of his work. However, his largesse has been amply
demonstrated when a cause inspires his commitment - perhaps because of his
larger commitment to the StoryPeople mission. The potency of stories - in
their ability to both connect and transform - is arguably his favorite 'cause.'
Thus, when disappointed collectors contacted him about the infringing ad,
he wrote to Audi. Audi passed the letter on to McKinney & Silver, located
in Raleigh, North Carolina.
***, head of McKinney & Silver, believed
his company acted 'very professionally and very correctly" in handling
Andreas' complaint. Upon receipt of Andreas' first letter, *** asked the copywriter,
***, if he was familiar with StoryPeople.
He then asked if the charge of copying was possible.
*** said no. ** testified that he did not ask how the ad came to be written
or the process the writer went through to arrive at a script.
*** and the copywriter looked up 'Angels of Mercy" on the internet. They
had to concede that not only were they very similar, but that Andreas' work
preceded the copywriter's. "We immediately pulled the advertisement,"
he said. He added, later, "or very very shortly thereafter."
Andreas' letter was dated 31 August, 1999. The infringing ad wasn't pulled
until mid to late November. Coincidentally, the advertisement was pulled when
it was originally scheduled to finish airing.
Excerpt
from online tourism brochure
Santa
Barbara is uniquely situated: water, land and even mountain sports are moments
away. The opportunities are so many, so close, and the facilities so well
maintained, they're hardly considered sports.
They are the Santa Barbara lifestyle - not for the expert
few, but for everyone.
Bicycle trails
wind through the entire length and width of the city, into neighboring Montecito
and Goleta and beautiful road cycling routes are plentiful.
Advertising Copy Selection
... the future at your fingertips.
(Client
is B2B mobile phone service, B2B)
... your perfect place to visit before you visit any other place.
(Client
is a travel services portal.)
Credit where
credit is due.
(Client is a bank, credit card department)