California  |  Intellectual Property

Legal Question

Asked on: 4/25/02, 3:44 pm

Copyright ownership

I'm a freelance graphic designer. Many of my

clients are

design firms themselves, and I want to make

sure I

have the right to display my own designs on my

website (or in any other promotional materials). I

think

that under the ''fair use'' act I do have the right, but

my

question is regarding who retains ownership of

the

artwork. It IS my original artwork, but I did get paid

to

produce it for someone else. This is where my

concern

stems from-

TITLE 17 CHAPTER 2

Sec. 201. - Ownership of copyright

(b) Works Made for Hire. -

In the case of a work made for hire, the employer

or

other person for whom the work was prepared is

considered the author for purposes of this title,

and,

unless the parties have expressly agreed

otherwise in

a written instrument signed by them, owns all of

the

rights comprised in the copyright.

- So does this mean I don't have the right to

display my

work? That I don't own it? that doesn't seem to

make

sense to me. I could really use some advice

before my

site goes live. Thank you!

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