Legal Question in Intellectual Property in California

Idea for an add campaign

I have an idea for an ad campaign for a certain industry. How do I protect it? The good thing it that it is just common sense, which is also the bad thing. Logic will lead anyone when I hint about it to ''discover'' the concept.

Should I try to sell it to add agencies or the companies themselves.

My friends are getting tired of me coming up with ideas and never following up because ''someone will just steal it.''

Thanks for any thoughts.


Asked on 8/14/07, 7:50 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Idea for an add campaign

Ideas can't be protected under copyright law. Some have commented that5 "Ideas are as free as the air".

A mere idea must be developed into an "original work of authorship" to be protected. If you develop this ad campaign, with drawings, slogans, designs, etc., then you're likely to have some better protection.

The only way to protect the basic idea, though, is to keep it secret, or disclose it only under a confidential nondisclosure agreement.

Unfortunately, since your idea is, as you say.. "just common sense", I doubt you'd be able to get an ad agency interested in enough to sign an NDA.

Best bet is to only disclose to agencies you trust, that have good reputations, etc. Then, establish a clear paper trail, Write a query letter asking for a brief pitch meeting. Confirm the meeting (if you get one) in writing before AND after the meeting. In the after-meeting letter summarize what you talked about, and express your interest in working with them. Be clear that you expect to be compensated if they use your idea.

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Answered on 8/14/07, 8:11 pm
Johm Smith tom's

Re: Idea for an add campaign

Mr. Firemark is correct. I particularly agree with the meeting and letters suggestion; it would be easy to make small changes to your "materials" and still use the same concept. If you really have many good ideas, you can start your own ad agency and grow it.

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Answered on 8/15/07, 9:15 am


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