Expert: Peter Gabany - 4/12/2006

Question
Hi. I'm going to be pitching an ad to someone and since this is not what I do, I need to know the best way to protect the idea as mine. Also, should the ad be used, how do I benefit financially from the application.  Is there a standard fee associated with an ad that's used? Is there a 'royalty' fee when it is used on a continuous basis? Do I need to trademark the tagline? If so, how do I do that? Any info would help. Thanks very much.

Answer
Don't do it. I can not be any more adament. I have tales - all to far long in this forum where people have generated songs, logos, ads, commercials and if they get past the first set of watchdogs simply get stolen.

Ad agencies (reputable ones) will NOT open or consider an unsolicited ad or commercial - it leaves them far too vulnerable to law suits. No matter how you try, what you say, where you try and shop your idea the agency will undoubtely say “no way”!

So the next option is to go to the client - forget it. There is NO reason that a client to take your idea to an agency - even if its a great idea. And while the idea is great there are SO many things to consider when doing advertising. Target audience, demographic, geographic considerations, how it meshes with current campaigns, the overall cost of production and so on and so on.

As for royalties and trademarking - I hate to discourage you but royalties are NEVER paid. Trademarking is expensive - about $2,000US per market to start.

I aplogise that there is no light at the end of this tunnel. There is NO financial benefit to you unless you are in the business and frankly - even then you need horseshoes where the sun don't shine.

I hope you will take this seriously and that I have helped,

Pete