To ask if this is theft of intellectual property?

[LydiaBennetsUglyBonnet]

It probably isn’t but I’m so angry I can’t sleep.

Had a job interview in November. Didn’t get the job, which was fine. Big as part of the interview I had to give my ideas for a campaign, and they set out what they expected from the presentation. Spent ages doing an excellent presentation, really well thought out with a name, slogan everything. It was a Zoom interview and they asked me to send it beforehand and present on the day. Should have known really!

I’ve tonight seen my exact idea, right down to the campaign name and themes, on their social media page.

I do have a friend who worked in a STEM company who once said these things happened all the time to steal ideas but I didn’t think it was especially common.

AIBU to be fucking raging and to email them asking what on Earth they’re playing at? Or is this my own silly fault for sending a presentation without much thought?

I’ve read a thread about this exact scenario on here before do it’s obviously not that uncommon. I bet you’re really pissed off!

I would say given that they used the actual name and slogan (and design?) you created makes it copyright theft.

Also, they would surely have needed your permission first to use it?

How about calculating how much you would have charged them if you had been asked to deliver this as a professional service (which in hindsight seems to have been the case) and sending them an invoice with an explanatory cover note.

Totally galling! Sadly there are no IP rights that subsist in an idea alone, but as 808Kate1 says above, copyright arises automatically in the recorded expression of that idea, so in any literary or artistic work for example - this means the exact words you used or the logo you designed attract copyright protection from the time you commit them to paper under English IP law. Unregistered trade mark and unregistered design rights could also apply to your logos/slogans/designs etc.

As the author of the works, provided you've not signed anything to the contrary, the IP rights vest in you. Infringement of copyright (which seems the strongest argument to run here) would come down to whether they have copied all or a "substantial part" of your work (the latter based on an objective, reasonable assessment of the works side by side, subject to case law). Subject to burning any bridges in your industry, I'd agree with tava63 - first port of call would usually be to require the alleged infringer to pay a reasonable licence fee for their use of the work.

In future if sharing work in these circumstances I'd suggest adding on the work your name and date (to help evidence first authorship and timing of IP protection), and the word 'confidential', which gives you additional IP right related and common law protections.

(By the way all of this is assuming you're based in England and your work was created in England, such that English law applies!)

Good luck.

Sorry @LydiaBennetsUglyBonnet that’s terrible. The only practical recourse would be to leave a review on Glassdoor. Not sure if it would make a big difference in the grand scheme of things and if you are in a small industry I probably wouldn’t do it. But it may save someone else the same aggravation.

oh but feel free to mention to others in your industry in casual conversation.

I'd be all over their IG, Facebook and Twitter detailing the theft.

That’s really shit @LydiaBennetsUglyBonnet

I wouldn’t be able to stop myself saying something in your situation. I agree about sending them an invoice!!

Id also probably comment on all their social media but I doubt that’s the most professional thing to do!

They may well have been sneaky enough to add in the interview small print somewhere that they reserve the right to use any materials used in candidate selection for business purposes.

Some companies will literally do a "recruitment drive" with non intention of actually recruiting rather than pay consultancy fees for this express purpose, to get fresh ideas without paying the true price of them.

Sorry it's happened to you, I'd be surprised if you get anywhere pursuing it...but I'd definitely be commenting on their Linked In page etc that they are doing this as part of their recruitment process.

I've read about this on MN before. I just don't understand why so many UK employers have such difficulty understanding the concept of paying people for their labour.

I'd see a solicitor to get a bit of basic advice as they may be able to write a letter asking them to stop using it for not too much expense - or get you paid. They will quickly be able to say if you've no possible recourse.

This is disgraceful, so unethical.

It IS theft of copyright but the onus is on you to prove it if you're going to sue them. You will have files showing that you created the ideas on a certain date and presumably an email where you sent them to the company.

Check you didn't sign a contract that said they reserve the right to use your ideas if you engage in the interview.

Maybe engage a IP lawyer?

Your first best step may be to contact the company and raise the issue.

I've had that too. Fairly standard (lowlife) practice I'm afraid. And annoying.

Technically it is your copyright but the issue here is you could spend many thousands proving that they stole an idea that is worth less. Unless they are a big name like Guinness using it for a world-beating campaign, in which case it may be worth pursuing.

I've had the exact same thing happen to me with a major company. Sucks.

I can’t see how you have any recourse, sadly. Sounds like you had a lucky escape in not getting the job, if this is how the firm behaves.

I think it is, but whether you have any legal or other recourse I cannot say, those with expertise in this area perhaps could help.

I don't think there was a real job on offer at all. The recruitment was just a sham to get new ideas for free. I'd get legal advice OP, but be prepared for the possibility that it may not be worthwhile to pursue it.

You have nothing, sorry... this is a standard tactic by companies to get free stuff.

Your ideas in an open forum/interview were freely given and had no conditions behind them.

In the future, provide tidbits and state the rest comes upon employment.

If you get not joy contacting the company I would contact the relevant trade publication and let them know.
if they have any kind of diary/ comment section this story is an absolutely gift to a busy reporter.

What feedback did they give you as to why they didn't give you the job? If your presentation was so good they used all the ideas seems strange that you didn't get the job.

I had the same thing happen to me at college, I did a tourism Management course and part of that course was about niche tourism, I live in Birmingham and the Lord of the Rings films had just been released so I developed a walking tour of all the places in Birmingham associated with the author JRR Tolkien which I called the Tolkien Trail, I got a distinction for the assignment but never got the work back, lo and behold a few months later Birmingham City Council had the exact same tour with that name, unfortunately because I did that as part of my course the copyright for it belonged to the college, not me.

It’s on their social media so just reply saying it’s yours and asking what they’re playing at. At least you might embarrass them.

You'd need to prove they took your ideas, that's the sticking point.

It's more than bloody annoying, but I wouldn't put any comments on their social media as suggested. This could come back and bite you on the arse when applying for other roles, as anyone interviewing you is more than likely going to hit Google to look you up.

There’s a certain Brewer who are well known for this sort of behaviour. Appalling really, especially as they seem so unrepentant about it.

Head of IP at London law firm here. The short answer is 'it depends'. Someone's commented above that there's no IP in an idea - there's a grain of truth there, but it's an over-simplification. The various different elements taken together - broad concept, name, slogan etc could constitute a copyright work. But there are lots of moving parts and it's impossible to give a sensible steer without more.

It probably is worth you giving someone a call - you can usually find someone sensible who will give you a very initial steer without charging. What I will say is that, to pursue this properly, you could be looking at spending a lot of money, and I'd be uncertain about potential outcomes. I would say that, in my experience, these kinds of things tend not to be worth pursuing unless the ideas you've presented are specific and detailed, and the imitation is very obvious.