Leo Burnett KL begins legal proceedings against director over plagiarism allegations

Tan Chui Mui’s letter of demand to Leo Burnett
Leo Burnett Kuala Lumpur has initiated legal proceedings against Tan Chui Mui, the director who accused the agency of plagiarising the Petronas commercial Rubber boy.
The agency gave the film-maker 48 hours to remove all social media posts in which she accused Leo Burnett of copying the idea and script of the ad, which was shortlisted at the Cannes Lions. She did not take the posts down within that time frame, and in a Facebook post challenged the agency to produce evidence to prove her wrong.
In a statement released last night, the agency stated:
Kuala Lumpur, 30 June 2016 – Leo Burnett Malaysia does not see it appropriate to ventilate a dispute over social media. Leo Burnett will therefore be initiating legal proceedings against Tan Chui Mui and other parties to have the matter heard at the appropriate forum. In the circumstances, Leo Burnett will not comment further on the issue on social media and will let the Courts decide on the matter.
Leo Burnett claims that Tan, who is a director for Da Huang Pictures, is trying to hurt the agency’s reputation through her claims.
Tan says the agency took her idea and script and used it to make Rubber boy without her permission.
The agency has strenuously denied Tan’s claims, with the creative director, business director and CEO going on record to refute her assertions, producing evidence in a series of Facebook posts to counter the claims.
On her Facebook page last night, her followers posted messages of support, and accused Leo Burnett of “bullying” her by taking the legal route. One commenter said they would help crowdfund her legal fees, another said that they’d heard she had hire a “very, very good lawyer.”
Update: Tan has confirmed on Facebook that she has hired Malik Imtiaz Sarwar as her lawyer on a pro bono basis. “After this I will be represented by my lawyer, and I shall not talk more about my issues with Leo Burnett until I see them in court,” she wrote, thanking those who had offered their support and to help pay for her legal fees.
Rubber boy is a much-liked film about a poor boy who learns to appreciate the sacrifices his mother has made for him. The film is part of a fine tradition of festive-season commercials for Petronas that have attained iconic status in Malaysia.
Whenever you have a woman vs. a company, there’s always an assumption that the company is bullying the woman. If she’s a single mother, things become even worse for the company. Anyway, if she’s right, she can prove it in court.
ReplyI feel bad for this woman…she obviously believes she is in the right and i want to believe her…
But the courts do not possess intimate knowledge of how a single scene can be integral to a creative idea. Indeed, they have no idea of how the creative process works….LB’s lawyers probably know this.
She will have to show very clearly how she has been copied (in black and white) and how that has caused her to lose business, income or reputation…remember, the judge is not an ECD.
The business director will quote Othello again and that sort of shit sways judges.
Good luck lady….I hope you don’t lose.
ReplyI now avoid creative pitches as often as possible to avoid this issue. Inject a magnitude of work and effort only to see the brand/agency take your idea and execute it with a cheaper vendor. Unfortunately taking legal action is unheard of in Pakistan, much less publicly accusing the thieving agency – or risk being blacklisted.
ReplyLB needs to pick up the phone and speak to the director. Threatening someone isn’t a way to get them to back down. Sounds like they both have their stories to tell. The fact that they have a similar story from the one the director presented doesn’t help matters much. But it’s common in our industry to ‘lift’ ideas. How many times do we see pitch creative being used by the prospective client with another agency and not the one who presented it? It seems like the director and her producers really tried to get an answer before anything went public, and it was only when LB wasn’t returning their calls etc. did they resort to a personal post. Again, it’s the director’s version of the story. LB should behave like the mature company it is and give a fair explanation. Honestly, there isn’t any reason why the agency picked another director when the one that provided a foundation for the concept was probably still willing to shoot it. Unless it had to do with budget??? Chemistry?? Client??
ReplyIf the kapchai doesn’t fit, you must acquit.
ReplyEven if the case were to be decided in LB’s favour, I think all decent production houses will now think twice about sending them a film treatment unless the job is confirmed in writing. Because now everyone has seen how they are likely to behave.
ReplyNEVER ever share your own ideas with an agency before they confirm a job with you.
You have no control over what they will do….when desperation sets in, they will do anything to keep a client…even pitch an idea that they nicked off someone and claim it as their own.
ReplyWhether you are a Production house, agency or freelance team never prostitute yourself with call for pitches! Clients can be boycotted if all stand firm…how many manhours and ideas have been wasted ?…Now even NGO or semi govnment agencies (who are non advertiser association members) are asking production houses and agencies to pitch in Malaysia…and no pitch fees since the prostitutes are from a mix of non ad agency associations…so why waste your efforts and bear the risks…?
Replymalu to be a malaysian in the ad industry! blatant plagiarism in so many sense of the ad, and they have the nuts to say its authentic.
ReplyThe fact that LB would even stoop so low to bring on a suit against a young director is just immature. Long story short, the agency should have had the director’s back when presenting scripts to the client. And be up front and honest with them about where the ideas came from. Any reasonable client would understand when given a proper explanation. At that point, I’m sure she would have been awarded the project.
Reply“Leo Burnett Malaysia does not see it appropriate to ventilate a dispute over social media”
Simply put LB can’t win on social media because Tan has a lot of supporters, so take it to court where it would be very difficult to prove right or wrong.
ReplyGood for her. This has happened to me twice. i wrote and handed in a treatment only to see exactly the same ad made by someone else, cheaper.
ReplyA treatment isn’t an idea, the script is the idea. If you can prove 65% of the script that was aired is yours, you could win.
Example:
In San Fransisco we will drop thousands of colorful balls and film it in slow-motion.
Take two of these three segments and show you originated them and you might win.
ReplyHave your say