Mr. Sub's Ad Agency Holds My Site Liable For Embedding YouTube Video?

Published October 1, 2009 @ 18:11 in Miscellaneous

EmailOn Monday I suggested that Mr. Sub's "Dinner" ad in which a father comes out as gay to his family might just be the worst ad I'd ever seen. It sparked quite the discussion in the comments.

Earlier today, someone from the ad agency BOS Toronto wrote me a stern email about my entry.

Hi Mike,

I am writing on behalf of Bos advertising in Toronto, the creative agency for Mr. Sub. Please remove the spot you have titled Dinner (Gay) from your website immediately. We are in breach of contract with ACTRA (the union for these actors) http://www.actra.ca/actra/control/main and may have to hold your site liable for any fines incurred if the spot is not removed today.

Thanks in advance for your cooperation.

The spot entitled "Dinner (Gay)" was never hosted by me, it was hosted by YouTube. I was never actually at risk to be held "liable for any fines incurred" if the spot wasn't removed today.

I do see that the clip has now been pulled from YouTube, so I'm guessing Maddie read my reply to her email in which I explained how YouTube works and the difference between hosting and embedding a video.

For those who missed the Mr. Sub ad first time around, here it is again. Yes, I found another instance of it on YouTube. Maddie, this one's for you.

I still hate this ad.

22 Responses to "Mr. Sub's Ad Agency Holds My Site Liable For Embedding YouTube Video?"

GC
October 1, 2009 / 19:19

Wow thats totally bulls**t. It is youtube thats responsible obviously or at the very least the user who uploaded it but ultimately youtube. You're being threatened because of the popular of your blog and how much traffic it gets. You should to keep the video up now just to spite them.
Mike, was there any more to the email because they don't specify what the breach of contract is and who they do mean by "we"?

lawyer
October 1, 2009 / 19:33

Challenge them - I dare you

Oliver
October 1, 2009 / 20:05

They probably realize how terrible the commercial really is.

fan
October 1, 2009 / 20:25

They probably don't want to pay the actors....LOL. I want to know how it got onto Youtube, if it was never aired on the Tele as I read over on a facebook group? Answer that one BOS.

You set up a controversial ad to go viral guess what's going to happen? I smell damage control and it smells rotten.

Horonymous
October 1, 2009 / 20:28

I will now boycott Mr Sub.

You think they would have a sense of humour and understand the difference between hosting and linking.

Sub Nazis.

okaythen
October 1, 2009 / 20:42

I just found a press release from non other than the CAW regarding this.

http://www.caw.ca/en/7927.htm

Toronto Mike
October 1, 2009 / 20:49

Good find, okaythen.

Here's that press release from CAW Members. No wonder there's such a shitstorm.

October 1, 2009, 11:04 AM EST

After being flooded with complaints about a proposed homophobic television commercial, Canadian sandwich chain Mr. Sub responded responsibly by not only cancelling the commercial, but terminating its relationship with the advertising agency that created the offending ad.

The commercial was circulating on the internet and was intended for television.

In the commercial a man in business attire is sitting around the dining room table with his family, including a number of children and his wife. Over dinner he cheerfully announces that he's gay. Upon questioning by a grimacing young girl who is presumably his daughter: "You mean like gay, gay?" he responds patting her on the head affectionately: "Like super, super gay."

Then comes the message of the commercial: "no-one likes surprises." Well, Mr. Sub soon learned that no-one likes homophobic advertising or commercials that poke fun at marginalized groups to sell a product either.

Congratulations to CAW members who took the initiative to voice their concern over this damaging and ultimately hurtful ad. A great big congratulations to CAW Local 707 member and Pride and Human Rights Committee Chairperson Billy O'Neill for spearheading the effort.

I'm glad this ad was pulled. It was homophobic and it did poke fun at a marginalized group. I don't know how this ad got into production.

okaythen
October 1, 2009 / 20:56

I just think it's kinda funny that one union's complaints are leading to BOS getting into trouble with acting union. I don't know about the actors union but I suspect if the ad is out there and Bos put it out there, they need to pay that whole dinner table full of actors.

Somewhat ironic.

If Bos was terminated are the other two ads in the series (which are also bad) goint to get yanked too?

A shitstorm is right Mike

okaythen
October 1, 2009 / 20:57

I meant "going". oops,

DanielleS
October 1, 2009 / 21:26

Mr. Sub hasn't been relevant in its food offering, distribution and service since Quiznos landed and Subway expanded, however I did like their line drawn TV ads back in 2006.

Seeing this makes me believe that their head office has truly lost their mind and vision. Perhaps the TV ad was a last ditch effort before flaming out forever.

Gary
October 2, 2009 / 06:47

The agency that created it should not be criticised. The agency needs the go-ahead from someone in marketing or at the company before they produce anything.

Agencies pitch all sorts of ideas. The one at Mr. Sub who approved this should be the one looking in the mirror.

Steve
October 2, 2009 / 07:59

Gotta love the strongly worded intimidation letter. Only reason companies send those out is because they think they can frighten and strongarm people who won't take the time to learn the laws and will simply respond and do what they ask out of fear. They also seem to have this misguided and completely ridiculous notion that they can make bad publicity go away once it's out on the internet. That might have worked 20 years ago when the internet was available to almost nobody, but this is a different time now. Glad to see you defending yourself and exposing them for the fools they are.

Oh, and Mr. Sub isn't very good, ad or no ad.

Wayner
October 2, 2009 / 08:06

In the end it comes down to the product. Last time we ate Mr. Subs the bread was stale and the sandwhich crumbled in my hands...and this was at peak lunch time. We go to quiznos or subway now...no real need to boycott

Jessie
October 2, 2009 / 10:01

LOL Brilliant!

Interesting that they are in breach of contract, which doesn't have anything to do with you, and that's the reason they requested the vid to be removed.

If that ad was offensive, check MTV. They make money being offensive and disrespectful. Comedy isn't comedy without some hint of truth, anyway. At least, this is my opinion.

Wayner
October 2, 2009 / 12:04

I didn't know that it was part of a series. I didn't find it homophobic but it was'nt funny either. Now if the father was wearing the bondage gear from the other Mr. Sub commercial then you're talking comedy...

Oliver
October 2, 2009 / 18:23

Why does the opinions of the CAW matter when it comes to advertising on TV?

elvis
October 2, 2009 / 21:47

Please share the email address of Maddie.

Toronto Mike
October 3, 2009 / 09:52

Maddie had an @bos.ca email, but I'm not comfy putting her address out here. I almost feel bad for her.

1. She's in the shitstorm
2. She works for an ad agency that really ought to be more savvy when it comes to blogs and YouTube and such.
3. I'm afraid you guys will write her nasty emails.

Oliver
October 3, 2009 / 15:11

@torontomike:

1: Rightfully so.
2: Rightfully so.
3: Rightfully so.

elvis
October 3, 2009 / 16:55

Yes, I will write her a nasty email. She'll know it's from me too - not just from "elvis."

StayDeadElvis
November 12, 2009 / 10:10

@ Elvis/Torontomike,

Stop being such epic plugs. Anyone reading this blog should well know "Maddie" is likely just accounts services person doing as their told. Given the threatening tone of her e-mail, hopefully she will learn from this backlash and write similar e-mails in the future in the style of a friendly heads up. Finally, heed the words of"lawyer". These people will bury you.

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