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.
In fact there are a lot of clouds regarding the Copyright in the Advertising Business
Everything around us is a result of creativity, talent and ideas… …and they deserve to be protected
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.
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
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?
Cloud № 1: Thetruth is… The idea in the advertising business is not a subject of a copyright protection. The advertising and communication concepts either.
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
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.
Cloud № 4: Theauthor … … of the advertising idea is only one – the advertising agency. And it has all the copyrights on its creative artworks.
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.
Cloud № 6: In factthe copyright … … could NOT be sold. and it exists for the author of the advertising material