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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