A Canadian Artist Vs The Corporate Giant

David vs Goliath

This all began for me some years ago, when some of my friends and family seen commercials containing a diver flying in the sky. They promptly contacted me, informing me that "I seen your painting on TV." At first I was flattered and even vaguely amused . Time went by as such time does, and this person and that person including members of my family called me to inform me that they to had seen it here or there. Then in early 1993 I saw it for the first time in a Pepsi Clear commercial. https://www.youtube.com/watch?v=mFMwL1iT3Ew I was stunned. My Earlier amusement and sense of flattery was crushed in an instant and replaced by a shattering sense of shock, outrage, and even a vague sense of fear. For this was an exact copy in that there was no sign of a diving board, no water to be seen , and they used the same swimming trunks and hair colour. Even the angle of and the way the legs and feet were positioned it was the same . The only difference was the diver or fliers body was a more popular, more streamlined physique.

I was devastated.I immediately contacted the Canada Council http://www.canadacouncil.ca/ to verify the piece as to Canadian originality and copyright rights. I also contacted C.A.R.F.A.C. http://www.carfac.ca/ who suggested I contact the infringer, So I made an appointment to meet with Ian Tetro of http://pepsico.ca/ currently at http://www.asianconsumeredge.com/ian-tetro.html Pepsi Canada Toronto, Canada, only to be told that this is an international issue, the commercial had been made in the United States so I would have to deal with them. I then contacted Judy Simon, who represented Pepsi Cola at the time now at http://www.sagelegalsearch.com/content/about.html. After she received a photo print of the original worked she agreed that it was an obvious copy, Apologized very nicely, and assured me that she would take care of this matter.

Unfortunately, that is not how it worked out . Judy Simon was released and no one else has taken care of this problem. In fact, Ian Tetro too was moved to Asia.http://www.asianconsumeredge.com/ian-tetro.html What proceeded then was what one would consider to be a run around. For the first year I spent endless hours, at considerable expense to get to the bottom of this. I repeatedly contacted Pepsi and The ad Agency B.B.D.O in an effort to to get information and copies of the original video used in the making of the commercial. Instead of cooperation, both companies again and again put me off I wanted to deal with this issue , Not in the courts, but businessman to businessman, I had to enlist the aid of lawyers (at Added expense) to get any cooperation at all, though what cooperation there was little enough.

Pepsi was telling me that it was B.B.D.O.'s problem as they did the advertisement, and B.B.D.O Raymond (alias Skip) Mcgovern http://www.nytimes.com/1997/10/16/business/media-business-advertising-agencies-just-aren-t-interested-ad-executive-crying.html was claiming Pepsi was totally responsible as it was there ad and they OK'ed the advertisement. I was told that the inspiration for the commercial came from elsewhere and he suggested a Ban roll on ad and a sporting goods logo as the place of origin. Until I pointed out both of these images were copyrighted and aired after the Crystal Pepsi commercial was created. The images they provided held very little similarity's, none of them were of a man taking a courageous dive into an endless sky with no horizon or view of the world beyond,but showed such mundane sights as a swimmer diving into water.

B.B.D.O. front man I'll handle it Raymond (alias Skip) Macgovern http://www.energybbdo.com/legal.php

Corporations Undermining Democracy

Briefing Document The Undermining of Democracy through the Legal Political System As you know today's situation in the markets . You recognise that corporations now rule the Governments. Here is an article I wrote in the beginning of my current ongoing situation with Pepsi and B.B.D.O. It is as true today as it was then.Corporations are now becoming enabled through their money and power to exploit all resources to their advantage. Including the copyright law. While it is widely that artist work is and has been protected by this law. But actually this law is so lax that it is simply disregarded. Stealing creative work is common place. Stealing creative work is considered "Honourable" among businessmen . As Quoted By Craig Weatherup of Pepsi Cola Inc. "The stealing of ideas is one of the most honourable things you can do." (Business Week Feb 1993)In theory, Canadians have been protected form such thievery under the Bern Convention since 1886. Americans made up their own the Universal Copyright Act ,Didn't want to join the bern. As of Nafta the US joined the Bern Convention.Unfortunately while these acts and laws are meant to protect Artists, writers musicians and those involved in the creative process .What we have today are big players who are able through their resources and power to sway governments to their point of views of what is right and wrong , as well what is ok to steal. Democracy itself has or could be undermined by such actions that ignore the people instead follow the dictates of the more powerful and wealthy corporations.1994

What Really Happened to Crystal Pepsi ?

Ever Wonder "What happened to Crystal Pepsi ?" This is the clear soft drink which captured 2% of the total market share of soft drinks sold . In 1993 sales in the $700 Million dollars .130 calories as opposed to the standard 150 calories. Failure not . Was pulled in mid production despite public demand . Originally called "Project Ice".BACKGROUNDER Pepsi Hoping to Offer consumers a clear Alternative :Colorless Cola Source: Atlanta Constitution Vol 124 Iss 115 Nov 26 1991 sec :C P:1 Its Clear. Its Pepsi: Pepsico announces it is developing a transparent version of its flagship soft drink. The absence of color could be the one reason a clear Pepsi might sell. Some consumers think think clear sodas without additives are more wholesome.Marketing and Media : "Crystal Pepsi" A Clear , Colorless Cola , Is Being Launched in 3 Test Markets. Author "Laurie M Grossman" wsj Apr 13 1992 Sec: B P:7 Pepsico Inc is Introducing a clear colorless cola called 'Crystal Pepsi " in three test markets in Apr 1992 The Test Markets are in Dallas , Providence RI and throughout Colorado. The Company is trying to compete with 'new age' beverages such as "Clearly Canadian" and "Quibell" "The new product could transform the $750 million dollar new age category, as well cheaper. Have 130 calories compared to the 150 calorie of the usual Pepsi. Tested 3000 variations tested over the last 15 months in company laboratories and Malls."Whats Happening In Houma?" Beverage World ISSN: 0098-2318 Vol: 111 Iss:1509 pg:62 Feb 1992 Coke and Pepsi have embarked on strategic product alliances beyond the realm of soft drinks. This must be seen as a clear signal of what is ahead in terms of domestic soft drink consumption US soft drink volume grew by 1% to 2%.Crystal Pepsi Sales Surge as Test Markets Clear Shelves Source: Advertising Age ADA ISSN: 0001-8899 Vol: 63 Iss: 20 May 18 1992mpg: 3, 56 Author Allison Fahey. Crystal Pepsi appears to be off to an unusually strong start about one month into test. Crystal Pepsi Could attract older consumers than the traditionally younger cola drinkers.The commercials would be handled by BBDO Worldwide Advertising Age Nov 2 1992 Craig Weatherup "We're going to expand,Take Chances.Right side up company. Many companies like General Motors Corp., are out of touch and operate as if they they take no responsibility of service to the customer". "If we don't develop the ability to think differently, we could be history also. Boomers are concerned about their health, Their diet and their future I grew up with soft drinks ; why not water , why not a fruit drink. We are now going straight for the guts of Gatorade. I'm talking about a whole new world where you make $100 million or a half a billion-or lose it. This is the time for transformation."Eureka Strikes Gold With New Crystal Pepsi Source Cincinnati Enquirer Dec 10,1992 Sec:D The Eureka Mansions Hit Another Home Run! "The Company will begin Promoting Crystal Pepsi in TV Ads that debut during the Super Bowl Jan 31 The ads will feature rockers Van Halen and the theme You've Never seen a Taste Like This http://www.youtube.com/watch?v=jgQx1fA3ZDc . Pepsi expects to sell $1 billion worth of crystal Pepsi in 1993, taking a 2% share of the $48 Billion soft drink Market."Author Kevin Goldman The Wall Street Journal Sec:B Pg:10 Crystal Pepsi To Take the Field at Super Bowl ,. Viewers will get a risky new commercial From Pepsico pitching a new product to the pulsating sounds of Van Halens Hit" Right Now".The song won MTV's best video award this year will serve as the soundtrack for a spot introducing a huge TV audience to the national roll out of Pepsi's Clear, colorless cola, Dubbed Crystal Pepsi. The commercials incongruous tag: "You've never seen a taste like this'. Pepsi is likely to run at least two Crystal ads during the game which will be aired by the NBC network, at the costly sum of about $900,000 for each 30-second spot. Simply put Pepsi Marketing executives say Crystal Pepsi is going after everyone -including Pepsi drinkers.Omnicoms Group BBDO creates ads for Pepsi famous for celebrity drenched spots is side stepping stars in creating the campaign for Crystal Pepsi= probably for good. BBDO considers itself a leader in computer advertising partly because it handles the Apple Computer account Pepsi's Future Becomes Clearer Business Week feb 1 1993 :74,75 Teaser ads released during inauguration coverage as well $7 million in super bowl ads. Weatherup readily confesses "The stealing ideas is one of the most honourable things you can do" The Group Van_Halen is accused of selling out when the ads came out ,but they did it because Pepsi was going to use the song with or without them। Pepsi had got the rights to the song, and would have a sound alike group record it . Van Halen figured it was best to let them use their version and at least get paid for it. If you wish to bring Crystal Pepsi Back then sign the petition at http://www.petitiononline.com/clear/petition.html