Stealing is theft...

 There are steps you can take when a client rips off your intellectual property.

If you work in a creative industry, chances are you've had someone steal your work. It's a disgusting practice that's not just tantamount to theft – it is theft.

I was reminded of this recently when someone I know, let's call him Ryan, was asked to pitch a creative concept to a business, which promptly stole his idea and is now running with it in a national marketing campaign.

The artwork has been rendered slightly differently to Ryan's initial concept, but it's essentially exactly the same idea.

It amazes me that this business thinks it can get away with it. Did they not realise that Ryan would see the campaign and know exactly what's gone on? It makes me sick. And angry.

So I asked Ursula Hogben, principal and general counsel of law firm Legal Vision, about what creative types can do to prevent this from happening. She has a range of practical and legal solutions to this all-too common problem.

Her first point is that creative types necessarily own the copyright to the work they create. "Every time you take a photo or draw a design, picture or logo you have copyright in the work and it doesn't need to be registered."

All you need to do is use the ©, along with your business name or real name if you're a sole trader, as well as the year in which the work was created, to indicate you own the copyright.

When you're pitching creative concepts, Ursula's advice is to ask clients to sign a confidentiality or non-disclosure agreement before showing them the work. "At the very least, tell them they cannot use the ideas you are going to show them without permission," she says.

Her other advice is not to email any of the concepts through or leave hard copies with the client at the pitch. Once you've been awarded a job, it's also an idea to only send through low-res files, as well as place watermarks on the work until the finished art is complete and paid for.

"When they actually engage you, state in the client agreement that you own all the intellectual property until it has been transferred to the client and you own the drafts. Stipulate that the client will only receive the final work once it has been paid for."

by Alexandra Cain