This is how most creatives see it: “I dreamt up the idea, I lovingly nurtured it, I painstakingly toiled over it, I passionately pleaded for it, but the client killed it. So I’ll just recycle it later.” 

What creatives seem to forget is, they signed an agreement when they were hired that says their ad agency owns it. So, technically, it’s not theirs to recycle if they leave that agency.

But the rules seem a little hazy. Recycling is incredibly common. Pretty much every creative I know recycles their old ideas from time to time. Yet, we never seem to hear of agencies suing them over this kind of thing. So most creatives feel safe recycling.

Perhaps agencies don’t sue because, by the time they find out about it, the recycled idea has been produced by another agency and is on air. So it’s too late to claim ownership. Or perhaps because it makes them appear petty and desperate. Like the kid who ignores a toy until another kid picks it up. Then suddenly they’re fighting over it.

Whatever the reason, it’s like a big hole in an electrified fence, where everyone seems to be stepping through without injury. But one day, someone will get fried. So be warned. When you recycle an idea, there is some risk of getting burned.

Despite that, it may be a risk your willing to take. Personally, I have old ideas that are too good to let die and nobody has done them yet. Some of them are a few years old so chances are greater that memories have faded and nobody remembers them.

Not that I don’t strive to come up with new ones. Of course I do. Ninety-nine percent of the time. But sometimes an old idea is a perfect fit.

Here are three things to consider when recycling. 

1. Realize that you are breaking the agreement you signed.

2. You most likely collaborated on the original idea with a former creative partner who now works someplace else. He or she will definitely feel slighted if you recycle the idea without their knowledge, since they’ll likely not get credit for it. The proper etiquette is to call them and ask if they’d be okay with it before you represent it. Chances are, they’ll be cool with it. But it’s polite to ask first.

3. Take into consideration the length of time that has transpired. Anything over two years is unlikely to cause a conflict. Memories fade. Anything five years and beyond is highly unlikely to cause a problem. But, after five years, ask yourself: is the idea still fresh?

Those of us who have been around a while accumulate a file cabinet full of unused ideas. I specifically remember working on a project with a very seasoned freelancer, who brought ten amazingly thought out ideas to the table in a single day. I thought to myself, “Either this guy is the most prolific creative ever or there’s a bunch of recycled ideas here.”

I think there needs to be new rules governing intellectual property. Individuals should be allowed to legally regain ownership if the ideas they generate are unwanted by their employers. After all, generating ideas is difficult. Paying for them is easy. Why does the individual do all the hard work and the agency get all the ownership, even after they toss them into the trash? It’s just a natural instinct for a creative to claw through the landfill, find his cherished idea, dust it off and file it away for later use.

Since laws are not likely to change, it makes sense for each individual to request an amendment to the agreement they sign when they’re hired that stipulates they will regain ownership of their rejected ideas after 24 months. Or something like that. The hiring agency might go for it, if they want you bad enough. Better yet, consult your attorney before signing if you’re serious about it. Or simply assume the risk later. It’s up to you.

Personally, I’d think twice about contacting your old agency about an old idea you dreamed up while under their employment. They’ll probably say no by default. After all, you signed the piece of paper agreeing to the terms of employment. They own your ideas. 

Most creatives take a “Don’t Ask, Don’t Tell” approach to recycling. It seems to be working. I just hope nobody gets burned.

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Creative departments are increasingly assigning multiple teams to projects. Gone are the glorious days of personal ownership, where a single team tackled a brief. Now creatives are expected to duke it out in gladiatorial combat for their CD’s. 

Oftentimes it means taking turns presenting ideas in a group setting—just like ad school, presenting to a room full of your peers. This can be a little unnerving, but it’s exhilarating when you have ideas you’re excited about. And you can make a statement with your work.

If you’re slated to present your work in a group setting on your next project, choose to go first. It has a few advantages. 

Here are five:

1. It shows initiative. 

Be willing to lead the charge by choosing to be the first on stage. There is always a moment when the CD says, “Okay, who wants to go first?” This means nobody is making a decision and it’s wide open. It’s your chance to take the ball and run with it. This can only reflect positively on you.

2. It shows confidence. 

Most people hate to go first. They’re simply afraid. Or they’d prefer to wait for others so they can stall for more time to mentally prepare and to form their arguments. So volunteering to go first shows boldness, which also reflects positively on you.

3. It helps you stake a claim.

Sometimes a great idea is so obvious, other teams arrive at similar conclusions. Which means, if you go first, you sort of get “first dibs.” Unless someone else executed the same idea better or is buddies with the CD (in which case, personal favoritism could unfortunately be a factor).

4. It helps protect your reputation if your ideas are weak.

Let’s face it, nobody bats a thousand. Sometimes, we haven’t nailed it and our ideas are a bit weak. When you go first, other creatives aren’t paying very close attention. That’s because they are mentally preparing for their turn and therefore distracted, so they won’t scrutinize your work as much. This is helpful if you actually respect the opinions of your fellow creatives. So, if you want to reduce embarrassment because you didn’t bring your ‘A’ game, go first.

5. It’s a win-win.

If you go first and your ideas fall flat, the CD will be more likely to forget about it, since he or she must absorb a lot of work. Bad work is more easily forgotten, so by the time the meeting has concluded, the memory of the flat ideas has started to fade. However, if your ideas are amazing, everything else presented afterward by the other teams will pale by comparison.

I’ve learned to love group presentations. It gives you a great opportunity to practice your skills on people who tend to be highly critical. If you hit a home run, everyone will remember it. And if your creative department is truly collaborative, ideas will be more likely to cross-pollinate around the room and benefit everyone by helping to create shared ownership.

So next time, choose to go first. And go strong, with full confidence and enthusiasm.


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