Re: ad copyright

On Wed, Oct 27, 1999, Lee R. Nettles <lnettles[_at_]go-adpr.com> wrote:
>
> When conducting an internet search for "copyrighting ideas," I found a
> response that you had for a lady concerning her son's designs and how
> best to protect them from being stolen.
>
> I don't know who you are and apologize if my question is a nuisance, but
> I wasn't sure where to turn. I work for an ad agency and recently had
> what I think is a pretty good idea for a billboard advertisement. I'd
> like to present it to a client prospect in hopes that they would either
> hire the agency or buy the single ad execution.
>
> Unfortunately, we've had similar situations where our ideas have been
> presented, the client has passed on the opportunity and then a short
> while later, we see the ad or a close similance appear without our
> involvement or authorization. Obviously, this stinks. How can we
> keep the idea from getting ripped off?

You can never keep someone from stealing your idea, except by not telling it to them in the first place.

However, what you CAN do is get yourself properly protected in the event that they DO steal your idea. Engage a qualified intellectual property lawyer to prepare for you a simple nondisclosure agreement (aka confidentiality agreement) that provides for injunctive relief and attorney's fees to you in the event the other party breaches the confidentiality. Then make sure you get the other party's signature on the agreement before you disclose your idea, AND that you not discuss your idea freely with anyone who HASN'T entered into a confidential relationship with you. You may, of course, find that some of your prospective business partners will be unwilling to sign such a document; in which case you will need to consider whether you want to risk doing business with them or not. In other cases, you will find that a prospective partner (especially an established company) will either not accept your idea at all, or will do so only if YOU sign the company's Submission Release Form. Be sure you consult an i.p. attorney before signing such a form. Many of them are perfectly reasonable; many are designed to enable the company to reuse your idea without your permission at minimal risk to itself.

Bob

Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
> Fax: 206-340-9599
> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
Received on Thu Oct 28 1999 - 17:21:20 GMT