Legal Question in Legal Ethics in New York

Hey, I am an editor and have beeen working for a company for a while now. There has been come abuse towards me and I want to leave, however according to my boss, nothing I edited is mine, and I cannot use any of the videos as samples to show people what I can do. According to him, his company owns all of it. I never signed any contract at all and I actually shot and edited a few jobs for him for free, yet still he claims it as his. Am I legally permitted to use these videos as samples?


Asked on 7/29/09, 2:05 pm

2 Answers from Attorneys

Randall Brett Law Office of Randall P. Brett

Generally, the videos you created while working for your employer (even if you were not specifically paid for them) are considered "work-for-hire" and the property of the company. On the other hand, if you created the work before you began employment, or on your own time without using any of your employer's equipment or resources, you may be able to claim ownership yourself. Most employers will permit you to use some of your work as samples, provided you give attribution to the owner. You should talk with an attorney to review the specific facts of your case as it seems like your employer is taking a hard line with you.

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Answered on 8/03/09, 8:15 pm
Steven Mark Steven Paul Mark, Attorney at Law

First of all, I strongly suggest you never begin a sentence with "Hey" or, for that matter "So," especially if you're an editor. Generally, if you were an employee and your assignments were within the scope of your employment, your boss is probably correct. If, on the other hand, you were retained as an independent contractor, you may be able to assert a claim though it would probably be difficult to prevail. I'd argue, however, that merely showing a sample of your work in a limited fashion may not involve coppyright ownership at all but be more an issue of conversion, i.e., taking your boss' property and "making it your own."

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Answered on 8/03/09, 8:18 pm


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