Legal Question in Intellectual Property in New York
I formerly worked for a company as a full time employee graphic designer/marketing assistant. I have had a lot of bad experiences with this company and I ultimately resigned. I recently went on their website and noticed that they are using work I created and not crediting me for anything. The problem is I did not copyright any of my work.
2 Answers from Attorneys
Work created within the scope of an employment relationship is generally considered work for hire, and the employer would own the copyright, unless you had some written agreement providing you with contractual rights to the intellectual property you created.
Without knowing more specific facts, it is difficult to provide a definitive answer to your question.
As a Franchise Attorney I concur with the other attorney answer. For future projects, keep in mind as an employee, the employer owns any intellectual property you create. So make sure you draft a good employment contract with this in mind. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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