I recently left my employer of 12 years to start my own business (a marketing firm). Can I display marketing pieces I created at my last employer (a construction company) in the portfolio section of my website if I remove their logo, name and contact info? Is it fair use or copyright infringement even if there is no way to track that piece back to my past employer? Thanks for your help.
2 Answers from Attorneys
Of course not. Products you design while employed belong to the employer unless you have a contract to the contrary. You do not have a right to commit theft of their intellectual property.
I would advise that you not take on the risk of being sued by your former employer even if you may be successful at asserting the defense of fair use. It would be very expensive even if you win.
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