In a recent edition of Boards Online (April 12), new member of the Production League of America roster, director Francine McDougall discusses a short film she created called Date, and the fact that an eerily similar version of the film later appeared in the form of a commercial. McDougall waxed philosophical about the incident and about the larger question: "Who has original ideas anymore?" Said McDougall: "We are all referencing someone. I stay up at night wondering where original ideas come from, but I kind of think of it more that you get inspired, you see or read something that sparks a new idea, not necessarily rehashing some idea."

The matter is relevant in light of one of the spots highlighted in last issue's First Boards Awards report --- the Earthlink work out of class-key chew-po commercials that won top prize in the Animation category. The spots feature an arresting animation style, a clean orange and black graphic look with an assembly of characters addressing the camera and free-associating on how they relate to the Internet. As the heads are talking, their images are dynamic, flowing into other characters and abstract versions of themselves. The look and style originated with animator/software creator Bob Sabiston, who together with animator Tommy Pallotta recently completed Richard Linklater's new feature Waking Life (see Boards Editorial, February 2001). The striking film is a much advanced, richer version of the same animation style which produces a mesmerizing effect in combination with its character's philosophical monologues.

The look of the animation draws from the technique of rotoscoping, or tracing over live-action frames. Sabiston created his own software to build on that technique, lending a smoother flow to images and facilitating the process for animators with computer-assisted in-betweening. In 1997, Sabiston made a series of interstitials for MTV, working with producer John Andrews, now executive producer at class-key chew-po commercials. Those interstitials are very similar to the Earthlink spots, both in the look of the animation and the shape-shifting talking heads approach used to deliver the message. After the MTV gig, Sabiston built on the look, working with Pallotta to complete the short film Road Head, featuring a series of characters found on the journey from New York to Austin, and then Snack and Drink, which introduced color to the process. In '99, the duo completed the half-hour Figures of Speech, which is airing on PBS.

Last year, Andrews approached Sabiston to do the Earthlink spots, after the client and agency TBWA/Chiat/Day, LA became interested in the look Sabiston had created in his past work. Sabiston says he ultimately declined the offer and says the spots are a blatant misappropriation of his work. Andrews says the spots did reference Sabiston's work but that Sabiston agreed to be involved in the project and pulled out too late in the production process to turn back.

Bob Sabiston had created a series of interstitials for MTV in 1997, working in New York with John Andrews, now executive producer at class-key chew-po. Subsequently, Sabiston moved back to Austin and proceeded to make short films Road Head and Snack and Drink with Tommy Pallotta. In the fall of 1999, Sabiston and Pallotta started work on Richard Linklater feature Waking Life. The film was shot in the summer of 1999, using Sony mini-DV Cams. Live-action footage would then be animated with a team of animators using Sabiston's technique. "The basic technique is a kind of computer improvement on rotoscoping," says Sabiston.

In the fall of 2000, about three-quarters through the animation for Waking Life, Sabiston says Andrews approached him about doing commercials for Earthlink. Sabiston says Andrews had previously arranged to informally rep him for spots and had approached him on a number of commercials, none of which came to fruition. "When this came up, we said no, we couldn't take on anything else until we were done Waking Life," says Sabiston. After refusing several of Andrews' attempts to bring him on board, Sabiston says Andrews offered to pay him an animation consultant fee because the commercial was going ahead. "I didn't know what to think," says Sabiston, who never cashed the check for consultation fees. "I thought it was funny to pay me to do nothing. I didn't think the commercial would look like our stuff. People have asked us to do projects before and then have gone on to do something similar but it has never really looked the same." Subsequently, Sabiston did agree to work on the Earthlink project at the urging of his Waking Life animation team. He and Andrews discussed details in a phone conversation and met a few days later in LA. At that time, however, after reading the proposed contract for the job, Sabiston decided again not to pursue the project. "There was too much wired bureaucracy that was unnecessary and made me nervous," he says.

But Andrews says he was "blindsided by Bob pulling out of the production."

"His conception of when you can pull out of an ad job came into conflict with reality, which it was two weeks from delivery. We negotiated a price, we did ten days of pre-production, we made arrangement with his studio, we bought our tickets to Texas, we worked out the links for sending files and we shot the live-action spot. It was way down the pike."

Andrews continues: "We felt comfortable entering Bil (White) as animation supervisor because not only did seven very talented people do the stuff in the spot with all our own gear but Bil supervised the animation. We made a point all through of referencing it was based on Bob's work." Andrews also says the agency and client were unaware through the process that Sabiston would not be involved."

Says Andrews: "It shows he doesn't really understand the way the ad world works."

We've also posted Sabiston's MTV spots on the boardsmag.com Screening Room.

None of which is to take away from the talents of animation supervisor Bil White and others involved in the job. Nor is Chiat/Day or Earthlink in any way responsible for the handling of the situation. However, Sabiston's perspective needs to be heard in light of the acclaim the spots are receiving.

And as to what's fair play and what constitutes a rip-off in this topsy-turvy ad world, it's a call we all have to make every day.

Teressa Iezzi

Editor