Well shut my mouth

Tonight's repost from April 6, 2012 is a tale that's hush-hush, on the Q.T. and very confidential.

It's not brain surgery or rocket science, but some ad agencies would have you think it is.

I recently had to sign an NDA (a Non-Disclosure Agreement, sometimes called a confidentiality agreement) before this one firm would hire me for a freelance gig. It's become common practice the last few years. But here's my question: what exactly are they protecting?

If you work on a fast food account, you get asked to work on other fast food accounts. Same for cars. Same for airlines. Same for most categories. Like any profession (stops and laughs hysterically for using the word "profession"....okay, regaining composure...), leveraging your experience is what keeps you employed.

No one goes from one job to the next yakking about everything they did, saw, wrote and learned at the last one. You just assimilate it all into your own personal database.

Just like the borg, except without all that nasty face metal.

Agencies like to flatter themselves that what they do is so proprietary, their processes so innovative, that spilling the beans will cause them "irreparable damage and financial loss and hardship."

Here's the reality check: there are no beans to spill.

Every agency has a catchy name for their process. You say tomato, I say tom-ah-to. They're all doing the same things to win, keep and grow business. And the idea that your car client doesn't know what the other guys car client is up to is a sweet notion from a bygone era.

A copywriter friend of mine was fired from an agency because he had the unmitigated gall to post an ad he'd done on his website, along with all the other ads he's done. It's a common practice. But his agency blew a fuse, saying he was not only violating his confidentiality agreement but was trying to steal the business. Neither of which was true. To my way of thinking there are felonies and misdemeanors: if they were upset he didn't ask first, they should've reminded him to next time and moved on.

Here's the thing large agencies have in common with small ones: the level of paranoia, based on nothing, is genuinely frightening.

Does an account get stolen from time to time? Of course. Do employees get poached from one agency to another? Sure. But if either were genuinely happy where they were in the first place, it would be a lot harder to do.

The other thing about these agreements is there's usually a time period attached to them. Agencies don't want you to write on an account in the same category for 1, 2 or 3 years without getting signed permission from them.

Good luck with that.

In case you don't know, this is how I make my living. I can be writing on Taco Bell one day, and Del Taco the next. Or Land Rover and Chevy Tahoe. Southwest or Jet Blue. That's the nature of freelance.

Fortunately I know how to use the strikethough option before I sign one of these contracts.

Don't misunderstand what I'm saying. I believe your word and honor are all you have, and if you sign a contract you should abide by it.

But some contracts, like the one on the back of your ticket in the parking lot, just aren't worth the paper they're printed on.

I'd tell you which ones, but I'm not at liberty to say.

Well shut my mouth

It's not brain surgery or rocket science, but some ad agencies would have you think it is.

I recently had to sign an NDA (a Non-Disclosure Agreement, sometimes called a confidentiality agreement) before this one firm would hire me for a freelance gig. It's become common practice the last few years. But here's my question: what exactly are they protecting?

If you work on a fast food account, you get asked to work on other fast food accounts. Same for cars. Same for airlines. Same for most categories. Like any profession (stops and laughs hysterically for using the word "profession"....okay, regaining composure...), leveraging your experience is what keeps you employed.

No one goes from one job to the next yakking about everything they did, saw, wrote and learned at the last one. You just assimilate it all into your own personal database.

Just like the borg, except without all that nasty face metal.

Agencies like to flatter themselves that what they do is so proprietary, their processes so innovative, that spilling the beans will cause them "irreparable damage and financial loss and hardship."

Here's the reality check: there are no beans to spill.

Every agency has a catchy name for their process. You say tomato, I say tom-ah-to. They're all doing the same things to win, keep and grow business. And the idea that your car client doesn't know what the other guys car client is up to is a sweet notion from a bygone era.

A copywriter friend of mine was fired from an agency because he had the unmitigated gall to post an ad he'd done on his website, along with all the other ads he's done. It's a common practice. But his agency blew a fuse, saying he was not only violating his confidentiality agreement but was trying to steal the business. Neither of which was true. To my way of thinking there are felonies and misdemeanors: if they were upset he didn't ask first, they should've reminded him to next time and moved on.

Here's the thing large agencies have in common with small ones: the level of paranoia, based on nothing, is genuinely frightening.

Does an account get stolen from time to time? Of course. Do employees get poached from one agency to another? Sure. But if either were genuinely happy where they were in the first place, it would be a lot harder to do.

The other thing about these agreements is there's usually a time period attached to them. Agencies don't want you to write on an account in the same category for 1, 2 or 3 years without getting signed permission from them.

Good luck with that.

In case you don't know, this is how I make my living. I can be writing on Taco Bell one day, and Del Taco the next. Or Land Rover and Chevy Tahoe. Southwest or Jet Blue. That's the nature of freelance.

Fortunately I know how to use the strikethough option before I sign one of these contracts.

Don't misunderstand what I'm saying. I believe your word and honor are all you have, and if you sign a contract you should abide by it.

But some contracts, like the one on the back of your ticket in the parking lot, just aren't worth the paper they're printed on.

I'd tell you which ones, but I'm not at liberty to say.