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Who can use this direct mail piece?

by Rich7
6 replies
I made a direct mail pack for a client.

The client is sending it to about 10 people.

The job description was for a promotional piece to send to approx 7 to 10 people, to serve a particular purpose.

There are only a few relevant people for him to send it to. If he sends it to more than about 12 or so, then it would need some tweaks and there'd be a tweak to the purpose of the pack. (There is an opportunity in tweaking.)

I realised I can use this pack, with a few changes, for a business of my own. It could be worth a lot to me.

I know ideas are 'borrowed' all the time in advertising -*especially in direct marketing.

But if we both use this pack, it will weaken things.

Basically, I'm the creator; he's the client. The usage for the pack that he wanted as above, is mentioned in emails - it's not a single document contract.

If he wanted me to not use the pack for my business; or I wanted him to not use the pack after sending it to those people in the job description, who would you say is in the right?
#direct #mail #piece
  • Profile picture of the author kk075
    I think there are ultimately three questions to answer here-

    1) Did the client pay you the agreed price? If so, you have no right to ask him not to use it.

    2) Did you sign a non-compete? If so, then you can't use the material within his niche.

    3) Do you value this client? If not, then 1 and 2 really don't matter. If you wrote something amazing once, then you can re-write it and run with it. In my opinion (and I'm not a lawyer), the words belong to him but the style and creativity are still yours to use for yourself or with future clients. The only way I'd see that differently if if he gave you the specific angle...meaning the creativity was his and you just gave it words.

    At the end of the day, you have to do what your conscience tells you to do. If it were me, I wouldn't use it if it would hurt his business, but that's just me personally. I always side with the client. So the decision is ultimately yours to decide.
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  • Profile picture of the author MikeHumphreys
    If he paid you in full to write a direct mail piece, then IMHO it's his to use exclusively.
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    • Profile picture of the author Len Bailey
      Originally Posted by MikeHumphreys View Post

      If he paid you in full to write a direct mail piece, then IMHO it's his to use exclusively.
      Exactly. If you were hired with a contract that specified your product was a work for hire, it becomes the property of the client. Not yours.
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  • Profile picture of the author colmodwyer
    Better off doing a rewrite. Why risk pissing off a paid-up client by running an ad you wrote for him?

    Also, you say if you use it too, it'll fatigue the piece quicker. So essentially, you'd reduce your clients chance at success.

    Overall you risk hurting your credibility...

    Colm
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  • Profile picture of the author Rich7
    Thanks.

    The question was a bit of a knee-jerk: I was kicking myself for not thinking of the idea for my own company, before the client briefed me to think something up.

    For some reason (or perhaps for no reason), promo ideas for other people’s businesses pop into my head easier than do promo ideas for my own business.

    I’ll come up with something else for my own company. That is my job, after all…
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  • Profile picture of the author RayRig
    I am glad you realized the mistake, otherwise you could have fallen in deep trouble. I am also happy to see people still using direct mail marketing as a way to promote their business. I have heard many heated discussions about how direct mails are a thing of past and I am one of those who oppose that thought. I have my own experience to prove myself, I still use flyers and mails made by Troi Mailing Service at Toronto for the promotion of my business. It is something that has always given me results.
    And I wish your company all the best, I am sure that you will come up with some exciting idea.
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