Friday, July 20, 2007

D'Oh! Simpsons Movie Marketing Scandal

I'm sure most of us have seen (or at least heard of) the Simpsons Movie marketing campaign where they turned 7-Eleven stores into Springfield Kwik-E-Marts.

This morning, NPR Morning Edition reported that ad agency Leo Burnett claims they pitched that idea to Matt Groening and co. (as part of a larger campaign), but were not awarded the account and have been given no compensation. Burnett claims Team Simpsons took the idea directly to 7-Eleven's marketing company and ran with it.

They presented the idea to Fox during some pitch meetings, and so it was done. Problem is, Leo Burnett didn’t win the account. According to NPR, they are mightily ticked off that they didn’t get any recognition, and more importantly, they didn’t get paid.

So, who owns the ideas? NPR points to a precedent created by the agency that came up with the Taco Bell Chihuahua. The court awarded that agency money for the idea because there was an implied contract during the pitch.

Whatever the truth, it does raise the interesting question of who owns ideas, and at what stage of their development. We encounter this danger every time we share a great idea in a pitch meeting. But you have to share great ideas to win accounts. Catch-22.

Some PR agencies have language in their pitch materials stating that the contents are proprietary. This raises two questions: 1) should this be standard industry practice, and 2) if it came to legal action, would that claim hold up in court?

Will be interesting to see how this plays out.