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Body Science sing The Same Old Song
Recording artists Sam Smith and Tom Petty came to an out of court settlement in 2014 after similarities were spotted between Smith鈥檚 song 鈥楽tay With Me鈥?and Petty鈥檚 classic 鈥榃on鈥檛 Back Down鈥?
According to The Sun , the settlement included Petty and ELO singer-composer Jeff Lynne being given a 12.5% writing credit due to the chord progression and melody lines of Smith鈥檚 song not being a great enough departure from those recorded by Petty.
Some listeners say they can hear the likeness 鈥?even going so far as to say they confuse the two songs 鈥?while others believe it鈥檚 inevitable that music will overlap given the finite number of chords and words available to artists.
The case has re-fuelled the debate about what amounts to copyright infringement and the theft of intellectual property. Many critics argue music to be the most difficult medium in this respect, especially given the tradition of artists sampling, and being inspired by, the work of others. Much easier to spot however are products being duplicated in the commercial world, particularly in emerging markets such as the supplement industry. That brings us to the case of Australia鈥檚 largest supplement company, BSC.
Unlike the SmithPetty example there seems to be no grey area as to whether a portion of BSC鈥檚 success is attributable to the work of other companies. A quick trip to Google is enough to confirm the company鈥檚 name is not unique. A company in Sweden was using the name Body Science for quite some time before the Australian company Body Science was born. BSC is merely an evolvement of another company鈥檚 name, and just the start of a trend in the Australian company鈥檚 business model.
Many of its flagship products share a lot of similarities with those that have been market leaders for years. One of their first offerings was a product called 鈥楬ydroxy Burn鈥? a capsulated diet pill or fat burner. This was modelled on the global phenomena 鈥楬ydroxy Cuts鈥?from the USA. This product helped establish BSC in the Australian market. BSC鈥檚 鈥楬ydoxyburn Pro Diet鈥?was an almost exact replica and before BSC rebranded, it was almost impossible to tell the two apart. The US version was out long before the BSC version.
Another example is the BSC compression gear, which bears a striking resemblance to Skins products that brought compression tights and garments to mainstream clothing stores. Funnily enough, the BSC compression gear was created just after Skins products proved popular.
BSC鈥檚 鈥楾X100 Green Tea鈥?is probably their most blatant copy of another market leading product 鈥?鈥楪reen Tea X50鈥? BSC originally came out with black packaging for their TX100 tea, however after poor sales they have rebranded to a white carton eerily similar to that of the best-selling X50. While BSC has chosen to rebrand almost their entire range in black packaging, they have opted to make their TX100 tea in the same green and white colours as X50 in an attempt to gain more sales.
Not content with 鈥渟ampling鈥?those products, BSC has gone on to offer a fat burner called 鈥楬ydroxy Shred鈥?鈥?which appears to have taken on the name of another protein called Max鈥檚 鈥楬ydroxy Phase Super Shred鈥?and the appearance of Optimum Nutrition鈥檚 market leading 鈥楪old Standard Pre Workout鈥?
Sadly, regulations in the supplement industry are still in their infancy, leaving one company to effectively steal the appearance and recipe of a product without any repercussions. The quality and originality of a product now hardly seems to matter. All that does is a company鈥檚 ability to spread the word.
Regulation withstanding, Gregory Young and Nathan Picklum of BSC aren鈥檛 likely to change their tune anytime soon, and neither are their competition. The former will belt out an old favourite from a band that broke its share of hearts. The latter鈥檚 will be a modern day love ballad calling out for loyalty.
Can you hear the difference?
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