Discussion:
What is the name of your state?What is the name of your state? New York, New york City
I was a creative director with a publishing house and creative agency a few years ago. I designed many photobooks and ads. I have since left to start my own agency and have put together a portfolio of my past works from my previous job. The portfolio was a BIG investment, an oversized brocure with images of the work I have done. I am mailing this out to prospective employers. Some how, my portfolio got into the hands of my previous employer, who I was infomred is furious that I used my past designs in my portfolio. I did not sign any non-comptetion or confidentially agreement with him nor did they offer. He thereaten to sue my for showing my previous work that i did for him. And everyone knows it was me. Let me know where I stand, I'm waiting to see what he's move is first before I consult with a lawyer. I know it's abad idea, but I don't think he will actually go forward with the law suit. His bark is louder than his bite. But any thoughts from you are welcome.
Thank you for your time.
Answer:
What is the name of your state?What is the name of your state? New York, New york City
I was a creative director with a publishing house and creative agency a few years ago. I designed many photobooks and ads. I have since left to start my own agency and have put together a portfolio of my past works from my previous job. The portfolio was a BIG investment, an oversized brocure with images of the work I have done. I am mailing this out to prospective employers. Some how, my portfolio got into the hands of my previous employer, who I was infomred is furious that I used my past designs in my portfolio. I did not sign any non-comptetion or confidentially agreement with him nor did they offer. He thereaten to sue my for showing my previous work that i did for him. And everyone knows it was me. Let me know where I stand, I'm waiting to see what he's move is first before I consult with a lawyer. I know it's abad idea, but I don't think he will actually go forward with the law suit. His bark is louder than his bite. But any thoughts from you are welcome.
Thank you for your time.
If you were an employee of the publishing house -- if you got a W2 at the end of the year, for example, and your employer withheld taxes from your paycheck -- then you have no rights to use the works without permission from your former employer. The works you developed while an employee were "works for hire," and the company owns the copyrights, not you, and your use of the ads without permission is copyright infringement.
If you were a contractor, or had some other non-employee status with the company, then the works are probably not works for hire, and you would retain the copyright, and your former employer would not have the authority to come after you for infringement.
If the former is the case (and I suspect it is), then you need to stop using the work, or face a lawsuit. Maybe you can work something out with your former employer, maybe purchase a license to use the work for the limited purpose of your portfolio or something.