Intellectual property rights during the agency pitch process is a growing problem, so much that the American Association of Advertising Agencies is taking a harder stance on the issue. They are putting pressure on agency search consultants to add language in contracts which allows an agency to keep any intellectual property during a review process if they are not hired.
The 4A has seen an increase in agencies complaining about a potential client’s desire to own any work or ideas during the new biz process. Most search companies dispute the rise, however they will be sure to comply with any guidelines.
I think this is a great move as clients and agencies alike are struggling as the economy slowly picks up. It is not right for a client to have 4 or 5 agencies come in and pitch in order to get a pool of new ideas which they now have ownership of. The letter that was sent out by the 4A’s was already endorsed by nearly 50 Madison Avenue agencies.