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ButtonMasher and Game Console contributor Mriceguy first noticed the similarities back on July 11th, posting a thread on the ButtonMasher forums in order to highlight them. The thread was eventually followed up with a story on the main page once a copy of the TV3 advert was finally found on YouTube and the two could be compared. Take a look for yourselves:
Had the Sony advertisement aired in New Zealand, perhaps TV3 would have a case for a 'parody' defence. However, since the advertisement has not seen widespread distribution in New Zealand it appears that TV3 has attempted to pull the wool over the eyes of New Zealand television audiences.
Things have really heated up, with the story now picked up by major international gaming websites including the likes of Kotaku and Joystiq. Funnily enough, the following was recently posted from the Twitter account of Kevin Butler, the fake Sony representative that stars in the PlayStation 3 campaign: "Dear TV3: You could have at least put my photo on top of the amp. Sheesh."
Dai Henwood, the star of the TV3 advertisement, is also pleading ignorance on his personal Twitter account, telling another Twitter user "I was just the actor. Didn't do the creative and hadn't seen the Sony ad. Agreed they are identical".
Many news outlets are now seeking comment from TV3's parent company MediaWorks and also from Sony Computer Entertainment. Stay tuned for more information as it unfolds.
UPDATE - 2.20pm, Wednesday July 20th: Game Console has now spoken to MediaWorks' director of marketing and communications, Roger Beaumont, who had the following prepared statement:
"After a great response to our Monday night promo, the campaign has run its course and won't air again. Our intention with the promo was to have some fun and have viewers notice that we have something big on Monday nights, and we've certainly achieved both those goals."
Sony Computer Entertainment New Zealand has responded with the following comment: "The comparison made is to an advertising campaign developed and currently running in the US market, which isn't being run in New Zealand. However, the character in the ad, the infamous Kevin Butler, has even tweeted: Dear TV3: You could have at least put my photo on top of the amp."
Finally, reader Lyndon Hood has quite correctly pointed out in the comments section that parody is not necessarily a defence to plagiarism or copyright infringement in New Zealand.
