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While music and film companies guard their intellectual property, agencies are giving ideas away for free, Frank Palmer argues.
The ownership of intellectual property is an urgent problem facing agencies today, one that could change the face of our industry. As advertising professionals, our currency is ideas, and we're getting dumber about how we merchandise, value and protect them.
I believe the creator owns the IP rights, but a growing number of clients want us to sign ideas over to them at little or no cost. In some cases, they want us to do this before we're even chosen to pitch for their business.
That's like asking the groom to sign a pre-nuptial agreement before he's met the bride.
Recently, one of Canada's lead-ing cable and telephone comp-anies, Rogers Communications, approached more than 50 agencies with an dollars 85 million assignment. Rogers, the country's second-largest ad spender, demanded the agencies unconditionally sign over ownership of all concepts, ideas and creative materials in advance of selection to the next stage, saying it had to protect itself in case future advertising resembled aspects of ideas submitted by a losing agency.
Surprisingly, almost every agency agreed, even when our industry voice, the Institute of Communications and Advertising, advised and lobbied against it.
Is what we do considered worthless? Or was the prize money just too much to walk away from? It's a vicious circle: clients are demanding more and many of us are dumbing down business practices to be competitive and win new accounts.