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No copyright on a pitch
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Paul Visser
Paul Visser is a driven lawyer who works fast, is meticulous and results-oriented. He works in the business law and intellectual property sections predominantly this is where his passion and expertise lie. Paul handles trade name and copyright litigation among other things, and advises diverse companies on their strategy regarding IP. In this regard he takes care of trademark applications, advises on the practicability of, among other things, patent applications and design law, and assesses IP risks. The media regularly approach Paul regarding IP-related legal subjects, as Business News Radio Digital did recently.Read more

No copyright on a pitch

Paid partnership
Nov 13, 2012
Paid partnership

The art to presenting a pitch like this is in not giving your best ideas right at the start. If you do this, you run the risk that the company will run off with your ideas without compensating you for them. Basically, this is not unlawful, since a pitch does not in principle enjoy IP protection - as the district court in Amsterdam recently ruled.

Advertising pitch
An advertising agency was invited by a premium pension institution (BeFrank) to present a pitch prior to the launch of a new brand. Among other things, the agency presented the slogan: "The clearest pension in the Netherlands." BeFrank chose not to work with the advertising agency, and did not pay for the pitch.

Two months later, BeFrank launched an advertising campaign featuring the phrase "For clarity’s sake." From other things as well, it was clear that they had used the contents of the pitch by the ad agency. The agency was ‘not amused’ and resorted to the courts.

IP protection for pitch?!
The district court in Amsterdam ruled that, in principle, the legislation did not intend to protect the ideas in a pitch by the advertising agency in the sense of assigning such ideas any exclusive or enforceable rights.

The content of the pitch is not protected, which renders the alleged use of these ideas by BeFrank not unlawful, in principle. If it found differently, the court would effectively broaden the protection envisaged by IP legislation. Exceptional circumstances would perhaps lead to a different ruling, but in this case there were none. The court rejected the agency’s claim.

Lessons for when you pitch
It is not clear from the district court’s judgment under what circumstances BeFrank’s use of the agency’s ideas / slogans would have constituted an infringement of the agency’s IP rights.

Suppose BeFrank had used lines from the pitch verbatim - would that have constituted  a copyright infringement? I think so, supposing - at any rate - that the text was sufficiently original.

However, it is a good idea to arrange for the protection of your pitch in advance. If you come up with a brand name, see to it that you register it in time.

If you come up with a good slogan, don’t neglect to enter it in the GVR/slagzinnenregister (the catchphrase register of the Dutch advertising association GVR). This register gives the creator of a slogan additional protection - via verification and advance registration.

By Paul Visser