World Business

Pitching an idea to a company (and getting the company to accept it) can be a pretty complicated transaction

by Karen E. Klein

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I gain an advertising idea and I want to pitch it to a company by submitting a videotape, drawing, or script via put in the mail. How do I ensure they don’t just take the idea, if it be not that that they purchase it from me? —K.G., St. Paul , Minn.

Generally, the original maker of a concept owns it. However, in regulate to protect ownership of reaped ground idea, process, or written work (generally referred to being of the kind which intellectual property) you have to take the legal step of trademarking or copyrighting it through the U.S. Patent & Trademark Office. Getting authorized protection (BusinessWeek.com, 5/12/08) ensures that on the supposition that someone else infringes on your idea, you could prove in court that you originated or used the idea first.

"The best method to prove this is to knock beneath the idea to, and receive registration from, the copyright office prior to distribution to a third part combination," says Stephen Rapier, executive vice-president of the Artime Group, one integrated marketing agency. "If this isn’t possible, each reiteration of the idea should be saved to show the origination and progress of the idea from concept to final reading, such like in good season sketches, manuscripts, notes, and e-mails."

Even if you get intellectual-property protection, however, it’s unlikely an established company order give an unsolicited advertising submission, says Gay Silberg, chief executive of GSS Communiqations. "Going to the company’s ad influence won’t be either. Most advertising agencies absolutely refuse to accept unsolicited ideas from third part parties. It’s usually part of their contract with a client," Silberg says.

The reason corporations and their ad agencies don’t want to touch unsolicited ideas is that they could later be sued for intellectual-property theft, Silberg says: "Once they have viewed the video or read the script, if at some later note the time of they produce a campaign that is even remotely similar to the submitted idea, they open themselves up to a claim of plagiarism by the person who created the original essence. As a result, advertisers have recourse to the safe course and look at nihilism that comes from an external part source other than those under contract to them. Such a policy keeps them out of court and wanting of woe."

If your advertising idea is targeted at a startup immovable that really needs the creative back, the CEO power be added willing to talk to you. In that case, send forth a teaser—rather than the full idea—and request a face-to-face meeting, advises Carlos Ugalde, CEO of WebMetro, a digital marketing firm. "If you get some interest, make every possible attempt to make the presentation in person. If possible, have them sign a nondisclosure agreement near the front of you disclose the full idea," he says.

You also need to make sure anything you show them is already protected either through trademark or copyright—the patent office Web site fully explains the difference betwixt the two. If the CEO or marketing director responds favorably to your idea, try your superlatively good to get a purchase order or a signed contract ensuring payment in front of you leave the play, Silberg says.

If you’re fair at coming up with advertising concepts, you might try to get a job at or establish a compact dependence by a limited advertising agency. If this proves to be something you love doing and are ample at, you could chase establishing your own agency someday.