Blog post -
Why PitchMark® when I can sign an NDA or rely on the law?
PitchMarking differs from traditional copyright and Non-Disclosure Agreements by focusing on active deterrence and formalized evidence rather than just legal recourse after a theft has occurred. While traditional laws such as copyright, trademarks, and patents exist, they often fail to fully protect ideas, especially in the early informal stages of a pitch.
Worse, taking legal action against prospects is costly and time-consuming, spoils the relationship with the prospect, impacts negatively the perception of the creator in the market, and imposes a distraction from getting on with business. Besides, there is no certainty of outcome as it is up to the courts to decide.
PitchMarking vs traditional copyright
Copyright law provides limited protection because if a recipient makes even minor adjustments to a design the original copyright may no longer apply. Furthermore, traditional copyright, particularly under US standards, does not protect AI-generated content, whereas the PitchMarking process requires creators to disclose AI use to establish a clearer record of creative input.
Unlike the often slow and costly process of pursuing a copyright case, PitchMarking provides an indelible blockchain record (a "hash") of exactly when a specific document was created and transferred to subsequent buyers and licensees. This creates factual proof that is far more reliable in court than he-said-she-said accounts or informal emails.
PitchMarking vs NDAs
An NDA (Non-Disclosure Agreement) is a private agreement that primarily prevents a party from sharing an idea with others, but it does not necessarily stop them from misappropriating the idea for their own use. PitchMarking moves the transaction out of private, one-to-one correspondence and signals the existence of the pitch to the wider community via the public PitchFeed. While the design itself remains private, the public record that a pitch occurred creates a deterrent effect. This influences behavior because people tend to act more honestly when they know a transaction is being observed by others.
The "Steering Wheel Lock" Effect
The core difference lies in the deterrent effect. The PitchMark® certificate is like a visible steering wheel lock on a car. While a determined thief might still try to bypass any security measure, the presence of the certificate signals that the creator is professional, on the ball, and prepared to defend their intellectual property.
Additionally, PitchMarking offers a licensing clearing house that allows clients to legally purchase the rights to an idea for a fraction of the production cost—a commercial option not inherently provided by traditional copyright or NDAs.
When should I PitchMark® my materials?
To offer a licensing fee to a client using PitchMark, you should follow a structured process that formalises your intellectual property (IP) rights and provides the client with clear commercial options. This clearing house model allows you to monetise your creative concepts even if the client chooses not to hire you for full production.
- PitchMark® your materials early
- Include the certificate in your pitch
- Present a commercial choice
Before presenting to a client, register your materials—such as storyboards, text, or designs—on the PitchMark® platform. This creates an indelible blockchain record (a "hash") of your work at a specific date and time. It is recommended to do this as early as possible in the conceptual stage, as research suggests ideas are most often stolen at the very beginning of the process.
When sending your materials (eg, via email as a PDF or working design file) to a prospective client, you must attach the PitchMark® certificate. This instantly puts the recipient on notice that you take your IP seriously and are prepared to defend it. It shifts the conversation from an informal exchange to a professional business transaction.
Rather than an "all or nothing" approach, offer your client two distinct paths:
- Full production: The client engages you to complete the entire project (eg, producing a full advertising campaign, printing and distribution, etc).
- Licensing fee: The client pays a smaller fee just to license the idea. This gives them the legal right to use your concept in-house or with a different production partner of their choice while ensuring you are compensated for the original idea.
- Set your price and terms
You have the autonomy to set your own licensing fee. This will be determined in part by the specific licensing conditions you define, such as:
- Duration: How long they can use the idea
- Geography: Where the idea can be implemented
- Exclusivity: Whether you can pitch the idea to others if they decline
- Complete the Transaction
The PitchMark® Ideas.Exchange allows you to sell your certificate directly to a prospect. Once the client accepts the offer, they pay via credit card, providing you with money in the bank rather than cryptocurrency. This process ensures that both names—the creator and the licensee—appear on the certificate, creating a clear value chain of ownership.
By offering this choice, you reduce the client's temptation to secretly misappropriate your idea for a cheaper vendor, as they can now proceed with a completely clear conscience by paying a fair, documented fee.
