Client stole my pitch
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- noneck
In early January I pitched on a big piece of work, a full rebrand for an IT company. In the presentation I stressed the importance of the research and a strategy phase in my process. I left the pitch feeling pretty good, they seemed really enthusiastic about what I had to say.
Over the next six weeks I got emails from the client saying how excited they were; how they were going through the formalities of talking to other vendors; would I be able to start the project in early March; and when could we sit down to do up an agreement. Cool.
So then I get an email this week saying that they decided to go with another vendor. Kind of a piss-off because they all but promised me the project, but you can't win 'em all. I always feel that you haven't actually won the project until you've gotten final payment for it.
So I follow up with some debriefing questions: who they awarded it to, were they confident I could complete the job, did they understand and agree with my methodology, did they understand and agree with my price structure.
The client won't reveal who they awarded it to, but said that it went to a bigger "team" with greater resources. He also said that there were some concerns about my completing the project as a one-man-freelancer. They got the price structure, and had no problem with it.
Here's the kicker. He said that they liked my methodology so much that they gave it to the winning vendor and told them to do it the way I had proposed. Now, I've heard of situations where clients steal spec work (which I don't do), but never the whole methodology.
Is there any way of disclosing my methodology (which is neither proprietary nor unique, but is a selling point) without having the client steal it? Is this just a peril of the business?
- ismith0
I know absolutely nothing about this kind of thing, but I'd be a little surprised if there wasn't some way to protect yourself from this when it's as blatant as you describe it.
- whatthefunk0
Would a NDA work for a pitch?
- no one would sign it, is my betjohngrif
- How would you know they broke it unless they tell you?noneck
- Worth a shot, if they say no, augment your pitch. This doesn't sound unique thoughwhatthefunk
- forcetwelve0
no.
- ksv1230
do you have this
Here's the kicker. He said that they liked my methodology so much that they gave it to the winning vendor and told them to do it the way I had proposed. Now, I've heard of situations where clients steal spec work (which I don't do), but never the whole methodology.
in writing or proof of this?
- monNom0
Is this a 'methodology' in the sense of a design system? or a methodology in the sense of a process that you follow to ensure a smooth running project and well polished final product?
If the former, you may have a claim of copyright infringement. I wouldn't worry about the later.
- dirtydesign0
were you paid a fee for the pitch?
if so, they own it.- Nope. They did ask for spec work in the initial meeting, and I told them to pound sand when it comes to spec work.noneck
- eieio0
whats an "overlay"? sounds like a comparison or something
- noneck0
It's the latter.
I'm mostly just stunned that the client essentially said, "we like the way you work better than the other guys, so we have them your proposal so they could do it the way you do."
If the client likes the way I roll, they should hire me. Don't give my work (the researched, well thought-out and reasoned methodology) to my competition.
- duckofrubber0
Eh, fuck em.
- that doesn't answer his question.. saying that means "oh well, let me bend over so you can have your way." did you actually read the post?lvl_13
- you actually read the entire post?lvl_13
- Yes, lvl_13, I read the post. Sheesh.duckofrubber
- Well don't be so an ignorant MF then.dMullins
- Huh?duckofrubber
- johngrif0
that is total BS and I am surprised that they were so open about taking your methodology. I wonder if there is a way you can offer your services to the team that won the bid and show them your thinking and get paid.
- dirtydesign0
either way it happens.
my team pitched work 2 years ago for a beer brand.
they're using the campaign this year. the creative is even close.
- FredMcWoozy0
Is here what you have to do since there are no business people here.
Before you do any type of pitch like this...
You must got a Non Disclosure Agreement signed.
This will protect you from your potential client revealing anything about your business practices, METHODOLOGY or other services/proprietary information to competing vendors.
Word up, word out.
- <--Serious Advice.FredMcWoozy
- Dude, someone mentioned that in the SECOND COMMENT. You never fail to disappoint, Fred.monospaced
- They asked a question. I am giving firm answer as to YES. NDA does work and people do sign them if they're not hacks.FredMcWoozy
- people wont always sign NDAs because they feel it might exclude them from doing something in the futurejohngrif
- < Freddie stick to your 6th grade clip art illustrations and Teabaggin events.utopian
- why does it always come down to this in notes? stop the shit talking. it honestly gets nowhere.lvl_13
- HAHA. What about the note you made above to me, lvl_13? Accusing me of not being able to read!duckofrubber
- monNom0
If your methodology is that impressive (and that portable), you have to be more protective of it. Stop describing it in your pitch and focus on the results delivered by your 'black box' proprietary method.
- whatthefunk0
I have a feeling this "methodology" is just about the project process which isn't really that specialized or unique, may be unique to the client but as far as project methodologies are concerned, something that's probably not that novel. The OP stated that in describing it as being "neither proprietary nor unique" so what are we really discussing here?
- public knowledge available on blogs or in books?SlashPeckham
- utopian0
This is one of the reasons why I refuse to any kind of spec work for advertising firms, design studios, company or individuals for that matter.
*Including the AIGA
- jurassica0
I was just wondering if you quote before you pitch? If so, perhaps you should be adding terms and conditions to the structure of your quote. ie: designer maintains IP until the entirety of project has been paid in full. This would still cover you even if you pitch for free (which really shouldn't be the case with any largish company).
- It was really just a proposal that said here's how I do this work, here's why it's good, this is what it can cost.noneck