What many Super Bowl viewers noticed on Sunday was the subtle–and sometimes not so subtle–way that commercials during the game seemed to relate to Donald Trump in one way or another. Recently, his immigration ban has upset leading figures in America and abroad, and on Sunday, 97 U.S. tech companies filed a joint court brief opposing it.

In case you missed them, here are some of the most politically outspoken, and funny, ads from Super Bowl night:

Budweiser

Arguably the most famous American beer, Budweiser, originated from a collaboration between two German immigrants; Adolphus Busch and Eberhard Anheuser. The new Bud commercial tells a dramatized story of Busch arriving by boat to the United States where he is initially heckled and told to go home. He then meets Anheuser who buys him a beer, marking the start of a friendship that produced the first American lager. That Americans wouldn’t have their Bud on a hot summer day if it weren’t for a couple of immigrants, might come as a shock to some. While the ad may not be completely true to the original story, it does tell a compelling story of the important role that immigrants played in American beer industry.

Wow. @Budweiser‘s Super Bowl ad is just wow. pic.twitter.com/j3AMrKz565

— Kyle Griffin (@kylegriffin1) February 4, 2017

Coca-Cola

Coca-Cola’s ad is a collection of voices singing “America The Beautiful” in different languages, showing faces from all over the world, and ending with the words, “together is beautiful.” Short and simple but very expressive.

Our diversity is our strength. America The Beautiful #SuperBowl #Coke pic.twitter.com/vhEBvJQ38d

— Keith Boykin (@keithboykin) February 6, 2017

It’s a 10 Haircare

The haircare product line offered a punch at Donald Trump’s famous hairdo with its ad’s opening line: “We’re in for at least four years of awful hair.” The ad went on showing all kinds of hair—old, young, facial, chest, dog hair, and much more.

Airbnb

Airbnb’s ad is a compilation of faces of different ethnicities accompanied by the text, “No matter who you are, where you’re from, who you love, or who you worship, we all belong.” It ends with the hashtag #weaccept. The company didn’t just make a subtle but fairly clear jab at President Trump; it also promised to provide 100,000 refugees with a place to stay and has a longtime goal to accommodate even more displaced people in the coming years.

Acceptance starts with all of us. #weaccept pic.twitter.com/btgqyYHVTK

— Airbnb (@Airbnb) February 6, 2017

84 Lumber

Probably the most obvious, and definitely the most tear-inducing, Super Bowl ad came from 84 Lumber, which showed a mother and daughter from a Latin-American country making the long and strenuous journey to the American border. The original ad is almost six minutes long, but Fox News banned the end from airing on TV, arguing that it was “too controversial.” The full-length ad shows the mother and daughter facing a wall, similar to the one Trump has talked about. The ad ends with the text, “The will to succeed is always welcome here.” The construction business relies heavily on workers from Mexico and other Latin-American countries, and an employee shortage will likely drive up construction prices.

Our complete Super Bowl story. See a mother & daughter’s symbolic journey toward becoming legal American citizens. https://t.co/AiI3MLrVd5

— 84 Lumber Company (@84LumberNews) February 6, 2017

Lady Gaga

Lady Gaga has been praised for her halftime show during which she was lowered down from the ceiling like Spiderman then proceeded to dance, play piano and keytar, and finally threw the microphone off the stage before jumping off herself. It didn’t seem like a particularly blatant political statement, but if you listen closer, it very well could have been. After starting off singing “America the Beautiful” she quickly switched to “This Land is Your Land,” a song that has also been popular among those protesting Trump’s immigration ban.

Gaga also performed her song “Born This Way,” which is about being who you are and contains the line, “No matter gay, straight, or bi, lesbian, transgendered life, I’m on the right track baby I was born to survive.” During the show, over 800 Texas high school students contributed to the magnificence by waving coordinated lights below the stage while singing the line “Why don’t you stay.” Maybe the show wasn’t a political statement, maybe it was just Gaga being inclusive and herself, but really, that too is a statement.

Lady Gaga hugs teen during halftime show: “It was an amazing surprise” https://t.co/dbzqE8wfHgpic.twitter.com/4YnZNzSnUs

— billboard (@billboard) February 6, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Intentional or Not, These Super Bowl Ads Became Political appeared first on Law Street.

Author Eric Dahl claims that Toyota stole a story from his book and used it in a recent Toyota Camry commercial.

According to Dahl’s complaint, his book, “B.B. King’s Lucille and the Loves Before Her,” contains a story that is similar to the story that occurs in a Toyota Camry Commercial.  In particular, Dahl alleges that he visited a pawn shop in Las Vegas and purchased a Gibson Lucille guitar.  He researched the guitar’s origin and discovered that the Gibson Lucille—the Prototype 1—was the same guitar that Gibson gave B.B. King on his eightieth birthday that was later stolen from his home. Dahl stated that he agreed to give King the Gibson guitar without compensation, and King arranged a meeting where King autographed another Gibson Lucille and gave it to Dahl in appreciation for his generosity.

If you have watched television in the last few weeks then you may have seen a Toyota Camry commercial where a girl finds a guitar, tracks down the previous owner — who happens to be B.B. King — gives him the guitar, and is given an autographed guitar in return. Take a look at the commercial below.

Dahl claims that Toyota’s commercial is a derivative work and is suing for copyright infringement.

Section 101 of the Copyright Act defines a derivative work as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ‘derivative work.’”

Under United States Copyright Law, derivative works give authors exclusive rights to license new works based on the author’s work. For example, motion pictures based on novels are considered derivative works because they are works based on the author’s work (i.e., the novel). In this case, the Toyota Camry commercial may be a derivative work because it is based on Dahl’s work, and Dahl never licensed use of his book to Toyota.

In order for Dahl to have a claim for copyright infringement, he must prove two elements: that Dahl has a valid copyright in his work, and that Toyota copied constituent elements of his book.  In other words, the second element means that Dahl has to prove that Toyota actually copied Dahl’s work, and Toyota improperly appropriated Dahl’s work.

Proving copying is a factual question, which can be proven by direct evidence like testimony; however, copying is usually proven through circumstantial evidence like proving that Toyota had access to Dahl’s work, and there is a substantial similarity between Dahl’s book and the Toyota Camry commercial.

Dahl claims that Toyota had access to his book. The Entertainment Law Digest states that “members of Gibson Guitar who were aware of his book and the story of the returned Gibson Lucille prototype were consulted by Toyota and the advertising production crew and confirmed the ad is based on the account in Dahl’s book.”

Thus because Dahl owns a valid copyright of his work, and Toyota may have had access to Dahl’s book, there might be circumstantial evidence that Toyota committed copyright infringement. However, we will have to wait and see Toyota’s answer.  My guess is that Toyota will claim fair use in defense of its commercial.

Joseph Perry

Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

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