Question

Topic: Advertising/PR

Stealing Ideas From A Client Proposal

Posted by smrainon on 9/22/2010 at 5:27 PM ET 125 Points
Have you ever had a potential client, one who you prepared a proposal for, not hire you but take an original idea from your proposal? If so, how did you deal with it?

I prepared a branding proposal for a local organization, complete with concepts for a new logo. They passed for cost reasons but today their website has a new logo that is almost identical to the one proposed.

Just wondering if you've encountered something like this and how you handed it.

Thanks. Thanks.
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RESPONSES

  • Posted by Inbox_Interactive on 9/22/2010 at 5:37 PM Accepted
    That is disheartening to say the least.

    I'm sure it would be very satisfying to find some means to thrash them legally, but my guess is that this is not realistic based on dollars. Plus, what would it get you? Perhaps nothing, absent a "no share, no use without payment" provision -- in writing. (Something to add in the future, right?)

    So, what do you do? Once I calmed down, I'd probably just send along a note to whomever you were dealing with, along with a printout of your work compared to a screenshot of their site.

    And always giving them the benefit of doubt (SOME logos are fairly obvious...), I'd just mention that if your proposed work was the basis for their current creative assets, you're quite flattered by that, and that perhaps you'll get another chance to do business together.

    I know it's tempting to come out and say, "You STOLE this from me, you rotten @#$%!" But you do need to leave the door open to the possibility that things are not exactly as they seem to you.

    My $0.02.
  • Posted by michael on 9/22/2010 at 5:46 PM Member
    I have offered advice and had it used word for word in a proposal. I should have asked in advance if they had any of their own ideas. Then put it in writing, then....

    Point is that I now ALWAYS expect someone to steal my proposals and modify just enough that their lawyer says they can get away with it.

    Michael
  • Posted by Gail@PUBLISIDE on 9/22/2010 at 5:47 PM Accepted
    Any time you present a copy of any art you design, use a copyright mark on the presentation, with language that stipulates that you own the image and anything related until you're fully compensated. Upon payment, ownership changes hands to the client. Any violation of this would be worth taking to small claims court or greater, depending on the size of the business.
  • Posted by Gail@PUBLISIDE on 9/22/2010 at 5:49 PM Member
    From a proposal standpoint, Michael, I keep details vague unless/until someone signs on and I have first payment in-hand. 99.9% of potential clients understand this process and that I do it to protect my work.
  • Posted by Markitek on 9/22/2010 at 6:03 PM Member
    Either they need to pay you or they need to pull down the logo. You'd win the fee you asked for in the proposal for logo development if you take them to court but I bet it doesn't get that far.
  • Posted by Mandy Vavrinak on 9/22/2010 at 6:18 PM Accepted
    I tend to agree with Inbox_Interactive. While it can be emotionally satisfying to seek revenge or justice, it's not likely to be a quick win.

    I would say that when you send the screenshot and the image of your proposed art, perhaps you can be a little more pointed... if your proposed work was indeed the basis for their new logo, it's both flattering and upsetting, given that you did not win the proposal but they saw value in your work.

    This has, indeed, happened to me. Now I use language in my proposals that states, "all materials, graphics and attached work/images/information are copyright protected and will remain the protected property of Crossroads Communications, LLC until such time as any and all invoices submitted under the terms contracted in the proposal are paid in full by the client. After payment in full is received, all copyrights, use rights and image rights are transferred in full to the client named in the proposal."

    Sorry this happened to you... you are not alone, and sadly, the best remedy is prevention.

    Best,
    Mandy Vavrinak
    @Mandy_Vavrinak
  • Posted by mgoodman on 9/22/2010 at 6:39 PM Moderator
    Inbox_Interactive and Mandy Vavrinak have probably given you the right advice.

    My question is: Why would you give them your creative product before you had the project assignment? When you do that, you're basically saying you work free and then beg for payment.

    I don't get it.

    Older and wiser ...
  • Posted by CarolBlaha on 9/23/2010 at 6:00 AM Member
    It happens all the time if you give too much info upfront.

    They review it, and say 'hey I can do this myself".

    There is no legal recourse to this. You gave them the info, without restriction.
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