FEBRUARY 8th, 2010 UPDATE: In the post below I explain that I suspect that my Casket-full-of-Doritos idea for the Crash the Superbowl contest might have been stolen by another team of filmmakers.  Well, the suspicious entry, “Casket” went on to score a spot in the finals and last night it aired during the Superbowl.  Since I first wrote this post I’ve learned a lot about the other entry and I am more convinced than ever that I was plagiarized.  For a more up to date version of this story, click here:  http://videocontestnews.com/2010/02/08/dueling-caskets-full-of-doritos/

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Beardy is camping out to buy tickets for tonight’s 12:01AM screening of Twilight so while he’s away I thought I’d step in and do a little self-promotion. I also wanted to share my Doritos hard luck story. Like pretty much anybody reading this site, I submitted an entry for this year’s Crash the Superbowl contest. And here is that very entry now!

Be honest, it’s the greatest thing you’ve ever seen right? I’m super proud of my submission but I know that the competition out there is tough. And I was totally ok with the fact that with thousands of entries coming in, 6 teams of professional filmmakers with deep pockets and Red cameras and fancy dollies would probably come along and take all the finalist spots. And like I said, I was totally cool with that. But then….I saw this:

Ahhhhh! Some team of professional filmmakers with deep pockets and a Red camera and a fancy dolly came along and filmed an idea a whole lot like mine! Man, that’s a bummer. The coincidences between that spot and mine are just crazy, aren’t they? When 4000 people each try and come up with an idea for a commercial for the same product there’s obviously going to be some overlap, but damn, there’s a lot of overlap here. Of course, I’ve seen a lot of CTSB entries that have really similar ideas. (For instance, how many Doritos-as-a-paper-football and dorito-loving-zombies spots have you watched in the last few weeks?) But of the 2200 or so Crash entries I’ve watched, I don’t think there are two of them that share more common elements than these two casket-full-of-doritos entries. I mean, it’s not just that both videos are funeral scenes. It’s that both videos include:

1. A dead man’s last wish to be buried in a casket full of Doritos
2. A funeral for that guy that turns out to be fake
3. A big, framed photo of the “dead” guy enjoying a bag of Doritos next to the casket
4. Shots of that guy in his casket buried up to his face in chips
5. A climax in which the “dead” guy gets his comeuppance when the casket of chips is knocked over

That’s sort of a lot of similarities to squeeze into 30 seconds, isn’t it? I have to wonder, what the heck happened here? Is this just a case of really bad luck or is the CIA monitoring my brainwaves as part of some kind of scheme to control the masses via secret messages hidden in a superbowl commercial? There’s no chance that another team of filmmakers were somehow (gulp) inspired by my entry, is there?

My entry, Rest in Chips was uploaded on Friday, November 6th and the other video, The Casket, appeared online a few days later. I might be paranoid but I’m not crazy enough to think that the makers of the other entry saw Rest In Chips and then ran out the next day and rented a church so they could make their own version of my spot. So I was left with only one conclusion; this was just a giant coincidence…nothing more.

But then it finally hit me; I am an idiot. After I wrote my script I created and animated storyboard so I could see if I could fit my entire idea into 30 seconds. On October 6th, I uploaded that storyboard animation on to youtube. Then I sent the link to a few people and asked for ideas and feedback. During that time, the video was set to “public” and could be seen by anyone. One of my friends even said to me “why did you put that on youtube? What if someone steals your idea!?” And I laughed and laughed at that notion. And then I stopped laughing because I realized I had made a very stupid mistake. I named the video “Doritos Storyboard.” Because the word “Doritos” was in the title, any CTSB contestant who went to youtube to study last year’s winning entries or actual Doritos commercials could have found and watched my storyboard.

I’ve been burned by plagiarism before so I went back to youtube and deleted the storyboard. But by then it had already been up for like a week. A few days later, I changed some of the dialogue in my script and created a slightly tweaked version of the animated storyboard. On October 12th I uploaded that video to youtube except I named this one simply “dortest” so that it would be hidden from youtube’s search engine. It’s still online. Here it is:

I hate to think the worst of people like this but if you think I’m going overboard, try a little experiment. Open The Casket in one window and my storyboard video in the other. Then hit “Play” on them as fast as you can so you can watch them simultaneously. The shots line up better than Dark Side of the Moon and The Wizard of Oz. I can maybe understand that two separate filmmakers could come up with the same ideas, but what are the odds they’d use the same site gags at the same moments??

I really have no idea what to think about this. I know it’s just speculation on my part but I think I might have declare shenanigans on the makers of The Casket. At the very least, I think it’s plausible that somewhere out there, another filmmaker who was planning on entering the CTSB contest went on to youtube and searched for “Dortios” related videos. If they “Sorted by date,” my storyboard would have been right up in their face. The storyboard seems too crazy to ever shoot (seriously, what kind of a nut would get a real casket and have a real grave dug?) so maybe they assumed it would never really be filmed and so the concept was fair game.

Or maybe it was the CIA. I dunno. At this point I’m pretty open to any possibilities.

1/6/2010 UPDATE: Well, Doritos announced their Top 6 finalists on Monday and I was extremely disappointed to see that “The Casket” made the cut. For making the top 6 they receive $25,000, a trip to the superbowl and a chance to see their ad air during the game. If their ad does air, they could win a bonus of up to 2 million dollars.

After writing this blog post I contacted Doritos and informed them of my plagiarism concerns and explained the situation. I received a response saying that the Doritos legal team would look into the matter.

So even though the company’s lawyers knew there might be a chance the idea was stolen the judges decided to choose it anyway. Since 40% of a video’s score was based on “originality” I cannot understand how “The Casket” could have gotten a high enough score to make the Top 6. There were 4000 entries. Common sense tells you that a fair judging system would yield many videos that were just fractions of a point away from making the top 6. So a serious deduction in any category should theoretically sink any videos chances.

Now that Doritos has chosen “Casket” as a finalist, a new and even bigger problem has presented itself. Even if the idea was not stolen from me, “Casket” should have been disqualified because it infringes on my copyright. Copyright infringement can happen on accident but that does not give the infringer a free pass to benefit from their actions. Unintentional copyright infringement is still copyright infringement. My storyboard animation for “Rest in Chips” was first posted to the web the first week in October. The version that is on youtube now was uploaded October 12th. On October 29th I posted the first rough cut of my entry to my youtube channel. It, and several other rough cuts are still there. That first rough cut was on line 4 days before “Casket” was even filmed. And finally, my entry was uploaded to the contest site well before “Casket” was.

This all means that I am the owner and creator of the “Dead man has his last wish to be buried in chips fulfilled but during the funeral he is revealed to be alive inside the casket full of chips that gets knocked over” story idea. If a commercial was running on TV right now that was as similar to “Casket” as my entry, storyboard and rough cuts are, the judges would never have been able to select “Casket” as a finalist because Doritos would be sued for IP theft and copyright infringement regardless of whether or not the concept was intentionally stolen. My rights as an independent filmmaker are the same as a multi-million dollar corporation. Just because my storyboard or entry have not aired on TV, it does not mean my Intellectual Property rights don’t count.

Since Doritos knew that I was concerned about plagiarism and since they knew that I have proof that I was the first person to publicly release this idea, I feel personally offended that they chose to ignore my rights and concerns. Back in the newspaper days, they used to say “never pick a fight with a guy who buys ink buy the barrel.” Let’s update that statement for the modern age and say that you should “never pick a fight with a filmmaker who has a blog and nothing to lose.”

More details about these new developments here: http://videocontestnews.com/2010/01/04/one-of-the-crash-the-superbowl-finalists-revealed-early/ and here: http://videocontestnews.com/2010/01/05/doritos-2010-crash-the-superbowl-finalists/