Harry Selent was wondering why the software company he is an authorized
dealer for didn't like it when he downloaded their web pages, changed the
content and pricing, and put his name on it.
I think we can draw some parallels from advertising in other media. I was a
copywriter with large ad agencies for many years. I created lots of
cooperative advertising in all media for my clients' dealers to use in
conjunction with their own businesses. The rule is always this: the form and
content of the ads that are sent to dealers can not be changed. There are
good reasons for this, including copyright protection, maintaining corporate
image, integrity of the advertising message; and more.
Dealers who wish to make use of the co-op ads, which are developed at great
expense and reflect results from consumer research, etc., may append their
name and business address to them and place them in the media. Period. Every
ad kit I ever worked on came with very clear instructions that stated all
these rules.
Usually logos are supplied for dealers who want to create their own
multiproduct advertising instead of using the supplied co-op ads.
Since the web pages were not supplied to Harry by the software company with
instructions for proper use, I think Harry should have assumed that they are
proprietary material and could not be used without specific written
permission. They should certainly not be downloaded and altered to suit his
taste. Dealers are independent businesses, not branch offices of their clients.
Harry could make peace with his software company if he created his own web
pages FOR HIS BUSINESS and then advertised his special dealer pricing etc.
Consumers would then know that these are his prices, and his offerings.
If Harry has an exclusivity contract with that software company that
prohibits him from selling any other products then he should network with
them more to find out how they want their dealers to present their product
on the web. An up-front and honest approach is bound to bear more fruit.
It is really never safe to use someone else's intellectual property without
checking, and assume it's okay just because you don't get instant feedback.
The point of cooperative advertising is to cooperate -- a way the larger
corporation can share its extensive marketing resources with its dealers to
help them.
Also there are many legalities involved in advertising and by changing the
corporate message without permission a real can of worms is opened up.
Hope this helps.
Cynthia Edwards
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