Theme used without permission
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Posted by D.T.M. on July 19, 2002 at 11:13:26:
The scenario: -Communication agency wants to pitch client for cofnerence planning and execution work. -Agency is without expertise, asks our firm (meeting planners) to become part of their "team" for purpose of earning business. -Unwritten agreement is "help us earn the job, you execute the job" -We write proposal with step-by-step outline of meeting flow, creative elements and execution, and include sample creative theme. -The "team" wins the job, agency would now like to find less expensive firm to execute so they can increase their profit margins. -Agency client is now using our theme on website and printed materials produced by agency. - We have received no compensation for the creative work and no permissions were granted for it's use. - There are no written agreements as this pitch approach is fairly common among our ilk. -Theme was not copyrighted. - Is the use of our theme actionable? And under what general provisions?
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