Re: ad copyright

On Wed, 27 Oct 1999, Lee R. Nettles <lnettles[_at_]go-adpr.com> wrote:
>
> When conducting an internet search for "copyrighting ideas,"<snip>

Protection of ideas is impossible under copyright law; only the expression of an idea can be the subject of copyright. Thus, if you present the pitch idea of two boys on a see saw talking about a breakfast cereal, that idea is not the subject of copyright (however original it might be), and the recipient of the pitch would not infringe upon your copyright by using that theme. Only if a subsequent advertising campaign used artwork or text that were presented, such that the ads constituted a derivative work of your pitch package, would you have a copyright remedy.

That said, the kind of practice that you describe may well constitute a violation of state law on unfair and deceptive trade practices. You could consult with counsel in your jurisdiction for an analysis of the relevant law. This is to say, you may have a legal remedy, but it probably does not stem from the Copyright Act.

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