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Copyright in advertising


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The case about the copyright on the ideas and concepts in the advertising business

The case about the copyright on the ideas and concepts in the advertising business

Published in: Marketing, Technology

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  • 1. Copyright in the Advertising Business
  • 2. The questions are like beautifullittle white clouds on a sunny day.You just have to see them, in orderto answer them, so that to makethe sky clear.
  • 3. In fact there are a lot of clouds regarding the Copyright in the Advertising Business
  • 4. Everything around us is a result of creativity, talent and ideas… …and they deserve to be protected
  • 5. But what are the ideas in fact?They are the base of the creativeprocessThey are the start point, becausewithout an idea, there’s no creativeproduct.They are in our mindBut they are not “material objects” inthe reality They don’t have a physical shape. You can’t touch them. You can’t see them. You can’t breathe them.
  • 6. The advertising is impossible to existwithout the creative ideas.Question:What’s Advertising?Answer:„Creativity without strategy is called “art”.Creativity with strategy is called “advertising.” Jef I. Richards
  • 7. And here come two questions… Are the ideas and the concepts in the advertising business protected? Is it possible an idea in advertising business to be stolen, when it’s not materialized?
  • 8. Cloud № 1: Thetruth is… The idea in the advertising business is not a subject of a copyright protection. The advertising and communication concepts either.
  • 9. Cloud № 2: Thecopyright protects… …not the start point of the creative process – the idea, but its end product. And the end product is the respective materialized artwork as a result of the idea. The artwork, which you can see and touch
  • 10. Cloud № 3: One ideahas to be … … materialized (as a design, a storyboard, a photography etc.) And this is the start moment of the copyright protection.
  • 11. Cloud № 4: Theauthor … … of the advertising idea is only one – the advertising agency. And it has all the copyrights on its creative artworks.
  • 12. Cloud № 5: Theclient … … could only use the creative materials for a certain period of time (for which he pays). The client could never own the copyrights on them, because they belong to the author – the advertising agency.
  • 13. Cloud № 6: In factthe copyright … … could NOT be sold. and it exists for the author of the advertising material
  • 14. And here is the clear sky
  • 15. When it comes to advertising,the copyright protection is on thedesign of the POSM, not on the idea,implemented in it.
  • 16. So don’t hide your ideas. Make them real. Let us touch them. Let them touch us. It’s the only way to PROTECT THEM.
  • 17. And how clearly has Buddha said:„An idea that is developed and put intoaction is more important than an idea thatexists only as an idea.”
  • 18. Thank you.Kameliya Kamenova