What if someone copies your ad?

Mila Marquez (third from left) with friends

MANILA, Philippines—When you strike upon a good idea, you sometimes end up long hours to make it into a good piece of ad.

But wait a second, did you double check if it might have an unknown clone?

Two websites on the Internet might help—www.joelapompe.net and www.coloribus.com have large collections of ads that look practically the same, borne out of the same ideas, and executed exactly in the same fashion.

They tell you which ad came out first and which ones followed suit. The sites comprehensively archive what campaigns have already been done and from there, you can see how they evolved chronologically.

Inspiration or party-spoiler? The sites are very careful not to point a finger but browsers leave out harsh comments bordering on bullying.

How serious a problem is copycatting in advertising? Great men think alike or it is just a convenient excuse?

Adweek USA recently made an ambush survey and netted 549 responses saying “very.” It said idea theft is “rampant and inexcusable. 36 percent answered it is “somewhat serious” and 25 percent replied “there is no such thing as an original idea anymore as lazy people get inspiration from annuals.”

The worst thing that could happen to anyone creating advertising for the public is to be accused of ripping off someone else’s work.

“The smart way to avoid it is—do it just like that: avoid anything that has been done, no matter how hard it is to let go,” an award-winning Filipino creative director says.

What if controversies still arise? Who takes the role of the final arbiter? Where do people go? Does the Philippine ASC (Advertising Standards Council) have power to stop similar issues? Inquirer Business Friday interviews ASC executive director Mila Marquez.

BF: How does ASC deal with ’copycat’ issues?

MM: ASC’s purview clearly is content regulation and not execution.  However, ASC’s Professional Screeners are experienced enough to note if there are possible infringements. What can happen is, they will refer the Application for Screening to a panel, which may be able to provide further wisdom on the concern.

BF: What is ASC’s stand on intellectual property infringements?

MM: ASC always respects the law of the land. We adhere to the provisions as mandated by the copyright law and decisions will have to be made with that in mind.

BF: How often does ASC encounter issues like this?

MM: Not often. Most of the issues we tackle are on claims.

BF: How does ASC maintain its objectivity knowing that some members are also from ad agencies and clients themselves?

MM: ASC Professional Screeners are composed of industry practitioners who have actually “retired” or are doing consultancy work. There is a measure in place where they are not going to screen or review materials that are in the category of their consultancy work. They need to disclose their current affiliations and advise the ASC in advance if ever there are other consultancies that they will be involved in.

As in the case of panel volunteers, they have to fully disclose their business affiliations and will not be called for complaint hearings where there is conflict of interest.

BF: We’ve heard a lot of ad agencies complaining about ASC’s processes? Why is ASC so rigid?

The process is in place and it has been in there since the ASC’s inception. We are only following strictly the agreed upon process among industry stakeholders, with consumer protection as the end-goal in mind.

BF: What is the single most important thing you’d want to tell ad agencies?

Provide the next generation of advertising practitioners with the right guidance, training and appreciation of why our industry observes self-regulation and the spirit behind the provisions of Code of Ethics.

BF: What are the biggest issues ASC has to face on a regular basis?

MM: Disapproval for an application of a material is always not a welcome thing. There will always be a difficulty understanding or accepting that kind of decision.

BF: What are the most controversial issues you had to deal with in the past?

MM: In my almost two years of stay at the ASC, there really was none.

BF: Why is comparative advertising still not allowed in the Philippines?

Comparative advertising is allowed on certain categories such as: automobiles but not automotive products, mobile phones  (not service) laptops, consumer durables, airline and shipping lines, musical instruments and entertainment.

On FMCGs (fast moving consumer goods) advertisers agreed among themselves not to have direct comparative advertising.

BF: In last May’s election, a lot of candidates had generalizing claims, why can’t ASC police these ads?

Political Ads are not screened by the ASC. It was not part of the mandate that was given to us.

BF: What is fulfilling about working with the ASC?

MM: That I am able to pay forward the industry that has given me the exposure, experience and be part of making self-regulation more understandable and appreciated by the stakeholders.

BF: Personally, do you believe in truth in advertising?

MM: Truth is such a big word.  Yes, espouse it. Ultimately we should all be responsible in ensuring that communication materials are legal, truthful, decent and should not mislead or offend consumers.

BF: If you were an ad, what kind of ad would you like to be?

MM: I will be a Billboard Ad—one that you will not miss.

BF: What kind of a brand would you like to be and why?

MM: I am GAP—casual yet classic.

BF: Does truth in advertising in the Philippines exist?

MM: We believe in responsible advertising and truth is very much a factor in being responsible.