Wordperson

Imagine this scenario. You have a new client who needs a communication solution for project X.

You just happen to have one handy because a while ago, you did a project for this client’s direct competition and still have some of the presented, yet rejected, ideas kicking around.

Here’s the ethical dilemma:

Are you justified in selling those unused ideas to another client?

On the pro side, some would say that they are still your ideas; the first client had the opportunity to buy them and passed, effectively putting them back on the shelf. Their payment to you covered only the chosen idea(s).

Furthermore, the pro side would recognize the vast effort required to produce those ideas and that it makes no sense to permanently remove them from play – especially if they were on brief. Imagine if a shoe store threw out every pair that was tried on and not purchased. What a waste!

But, as Jona Lewie would say, “On the other hand, there’s a fist.”  The con side could argue that your payment to develop the chosen idea(s) also covered any other ideas presented. In effect, the client was buying the range of choice, not just the individual chosen efforts. The unused ideas are technically the property of the first client, and just happen to remain in your possession. You have no right to be paid twice for the same work.

The con side could also claim conflict of interest. The information you used to develop those ideas, which was provided either by the first client or as part of the research for that client, is now being used against that very client.

In my typical wishy-washy way I’m of two worlds here. I’ve seen many good ideas thrown in the garbage forever because a client didn’t like them — ideas that would have met the needs of another client somewhere. And I’ve always detested the model set up by advertising agencies that every client presentation requires three ideas, meaning we need to permanently throw out 2/3 of our work after every meeting. It’s grossly inefficient and has resulted in a lifetime of unpaid overtime for many bitter alumni of the scene.

So what’s the answer?

My motto has always been rock may break scissors, but paper covers ass. By stating in your estimate exactly how many options you’ll offer a client, who retains the rights over any unselected ideas, and what the cost is to permanently block an unselected idea from resale, you can solve many a problem upfront.

And now for the bigger question: who the hell is Jona Lewie?  Well, that harkens back to my record-store geek years when I loved just about everything put out on the Stiff label.

It appears you can still get this little gem at: http://www.cduniverse.com/images.asp?pid=7443174&style=music&image=front&title=Lewie%2C+Jona+%2D+On+The+Other+Hand+There%27s+A+Fist+CD

I, of course, have it on vinyl.