Bloggers question originality of iPod commercial

A new iPod commercial featuring rap artist Eminem has been the subject of a Web-based brouhaha this week over its strong similarities to an old spot for Lugz boots.

Did Apple Computer's longtime agency TBWA/Chiat/Day--creators of the "Think different" campaign--copy the ad produced three years ago by Avrett Free Ginsberg? Or was it mere coincidence that both spots feature rap music and show "shadowlike silhouettes posed against stylized urban settings, which are rendered in red, orange, yellow and black," as reported in the New York Times?

An official statement from TBWA/Chiat/Day says the agency regrets "any similarities between the two spots" but assures the public that it was created "without any reference" to the Lugz spot, the Times story said. But some bloggers weren't buying it.

Incidentally, this isn't the first time Eminem's "Lose Yourself" tune has been the subject of controversy. Eminem's publisher, Eight Mile Style, filed a copyright infringement suit against Apple--settled in May--over a 2003 ad that featured a young boy wearing the signature white iPod headphones and singing "Lose Yourself" aloud. Eight Mile Style contended that Apple did not have permission to use the rapper's song.

Blog community response:

"The mere possibility that Apple swiped something from Lugz has created the presumption that the Lugz spot was something worth stealing. In this case, plenty of viewers will find each commercial a noisy bore. Whatever the legal ramifications of the matter, the phrase 'intellectual property' sounds mildly absurd when applied to video of some guy thrashing around and blustering on an orange-tinted screen."
--AdFreak

"The two ads share the same concept and execution, the same color palette, and the same graffiti-style motion graphics superimposed over the live action. Coincidence? Or same advertising company?"
--Cult of Mac

"Jobs said they'd been working on the Eminem ad for over two years. Sure, TBWA might have some explaining to do to Jobs, but this is just some NY Post-style ado about nothing. Advertising agencies pride themselves on recycling ideas. It's one of the basic tools of the business...Apple deserves no heat over this one. TBWA does."
--iPod Daily News