The Flip Side of Unsolicited Ideas

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

by Karen E. Klein

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

Generally, the original creator of a concept owns it. However, in order to protect ownership of an idea, process, or written work (generally referred to as intellectual property) you have to take the legal step of trademarking or copyrighting it through the U.S. Patent & Trademark Office. Getting legal protection (BusinessWeek.com, 5/12/08) ensures that if 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 submit the idea to, and receive registration from, the copyright office prior to distribution to a third party," says Stephen Rapier, executive vice-president of the Artime Group, an integrated marketing agency. "If this isn't possible, each iteration of the idea should be saved to show the origination and progress of the idea from concept to final version, such as early sketches, manuscripts, notes, and e-mails."

The Safe Course

Even if you get intellectual-property protection, however, it's unlikely an established company will consider an unsolicited advertising submission, says Gay Silberg, chief executive of GSS Communiqations. "Going to the company's ad agency won't work either. Most advertising agencies absolutely refuse to accept unsolicited ideas from third 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 date 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 idea. As a result, advertisers take the safe course and look at nothing that comes from an outside source other than those under contract to them. Such a policy keeps them out of court and out of trouble."

Tease, Protect, Prosper

If your advertising idea is targeted at a startup firm that really needs the creative help, the CEO might be more willing to talk to you. In that case, send 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 before 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 between the two. If the CEO or marketing director responds favorably to your idea, try your best to get a purchase order or a signed contract ensuring payment before you leave the room, Silberg says.

If you're good at coming up with advertising concepts, you might try to get a job at or establish a contract relationship with a local advertising agency. If this proves to be something you love doing and are great at, you could pursue establishing your own agency someday.

Karen E. Klein is a Los Angeles-based writer who covers entrepreneurship and small-business issues.