When Does an Idea Become Property?
A few years ago my brother Gannon made a pitch to a nonprofit organization in an effort to convince them to hire his company to redesign their catalog. In an outburst of honesty that is at once both refreshing and disturbing, the representative said, "We can't afford to hire you, but we'll be glad to steal your ideas." Rarely are efforts to steal someone else's hard work so explicitly stated, but it happens more often than we'd like to admit.
Gannon wisely bowed out of that compelling invitation and sold his services to another nonprofit organization.
According to NPR, agency Leo Burnett is claiming credit for pitching Fox on the idea to change several 7-11s to look like "Kwik-E-Marts" from The Simpson's TV show. NPR said a spokesperson for 7-11 claimed, "Anyone could have come up with the idea," because the creative inspiration for Kwik-E-Marts was actually 7-11.
That may or may not be true, but in this case, that "anyone" was actually "someone," and instead of hiring the "someone," they gave the business to "someone else," while moving forward with "someone's" idea.
At least, that is Leo Burnett's story at this time. I don't claim to know for a fact that their story is true.
What do you think? If it is true, does Leo Burnett have a legal claim in this? If so, who should pay? Fox, 7-11, or both? Should pitches include clauses that protect the ideas of the pitching agencies? - Cam Beck
Hat tip to John Keehler for the news and NPR link.
Image courtesy of AnGeL.
Update: Lauren McGehee from The Richards Group, who attended this morning's Likemind, just sent me this AdWeek article about the issue. In case you were wondering, collaboration and conversation are wonderful things.



