Question

Topic: Advertising/PR

Protecting Ideas From Theft

Posted by Anonymous on 3/8/2005 at 5:59 PM ET 125 Points
I have an idea in my head for an advertising campaign... huge idea.

The campaign is sure to increase product sales, brand awareness and consumer loyalty. The campaign will provide the agency with tons of work and most likely end up winner numerous awards. The campaign will create a buzz resulting in effective word of mouth advertising.

I have written pages of scripts (both radio and television) and other information involved in executing the idea... however, I am a small company incapabale of handling such a BIG idea (effectively). I'd like to see this campaign brought to life.

1. Would it be better to approach the company or the companies ad agency with the idea?

2. How can I protect my ideas from being stolen?

I just want to make sure that I am compensated fairly should my idea be accepted and/or used.
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RESPONSES

  • Posted by Blaine Wilkerson on 3/8/2005 at 9:54 PM Member
    The first thing that caught my attention was the following :

    "The campaign is sure to increase product sales, brand awareness and consumer loyalty. The campaign will provide the agency with tons of work and most likely end up winner numerous awards. The campaign will create a buzz resulting in effective word of mouth advertising."

    This is quite a bold statement. There is not an effective way to measure advertising ROI, or predict such a bold claim.

    I think that paragraph is a good sales pitch for your idea, but i would tone it down a bit. You painted a bit more than blue sky....you were getting into outer space. Please don't take offense...this is purely constructive.

    Tell me....is this for one specific company, product, or industry? Or can it be applied to almost any business who utilizing large advertising campaigns? I'd like to help, but some more info would be great!

    Thank You!
  • Posted by SteveByrneMarketing on 3/9/2005 at 5:37 PM Accepted
    Hi Ka Mills,

    I can empathize with your situation – I’ve been there and I was not successful.

    You have received some good creative input from above posts. I would support seeking legal counsel. It has been said that a person who represents himself in legal matters has a fool for a client. I think this is true. So where do you find the right legal counsel?

    One direction to consider is looking for a lawyer who represents storywriters or screenplay writers. You are the creative talent in this scenario, so you could retain a talent management/rep lawyer. The ad agencies may be more likely to review your idea if submitted through a lawyer (particularly if the lawyer is with a known talent law firm). As Shardman noted, agencies are inundated with outside ideas, and they are trained to respond with “thanks but no thanks”. They absolutely do not accept submission directly from the talent, but sometimes they will accept material from a lawyer because it reduces their liability – the lawyer knows the law and will act professionally and dispassionately.

    You really have two core issues:

    1. As stated, how to protect your idea from being stolen

    2. How to get your idea in front of the right person

    Getting the right talent lawyer may take care of both.

    Just as a note, I have toyed with the concept of writing a campaign idea in the form of a story. The writing could be in the form of a treatment for a screenplay. You could then register your treatment with the Writers Guild of America for a small fee. It remains confidential and establishes a documented “date of origin”. Honestly, I doubt this would do much for you other than making you feel better. It’s just an example of a different approach. There are probably other better alternatives.

    Link to Writers Guild:
    https://www.writersguild.org/webrss/dataentry.asp

    The only other route I can think of is a personal relationship with a key executive with the target agency. If you were to find a spouse or close friend of an ad executive, you might be able to arrange an informal meeting and assess the level of trust you would have in sharing your idea. Again, exploring legal methods to protect yourself and your new friend are a good idea.

    Hope this helps your creative problem solving and best of luck,

    - Steve
  • Posted by SteveByrneMarketing on 3/10/2005 at 9:19 PM Member
    As an fyi -- WGA has added a category for registering proposals. Just click on the link and where it says MATERIAL TYPE: scroll down to “proposal”. For a small fee of $20 your proposal will have registration number and date.

    WGA Registration
    https://www.writersguild.org/webrss/dataentry.asp

    good luck,

    - Steve
  • Posted by Chris Blackman on 3/11/2005 at 8:03 AM Accepted
    Lead with your chin. Take the idea to the head of marketing in the company you think could use the idea. Not to an agency, which has little to gain, and much to lose. Unless all you want is a job as a copywriter.

    Ask the CMO/CEO to sign an appropriate NDA before you agree to speak to them. Label everything with copyright, and tell them what you want from them before you give them any info.

    If they won't sign, won't agree to your terms, or seem to be trying to get anything from you without making a reasonable undertaking as to their intention to deal with you honorably, drop them, move on to the next best fit (their competitors, perhaps.)

    Eventually you wll strike someone with whom you feel comfortable, who will sign the NDA and who will agree to your reasonable terms before hearing your idea.

    Who knows, they might even offer you a job.

    Have you ever seen theTom Hanks movie, "Big"?

    Good Luck.

    ChrisB
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