Legal Question in Intellectual Property in Washington
subcontractor web developer copyright
I am a web developer that previously worked as a sub- contractor for a web design firm. I signed a contract with non-compete and a confidentiality clauses but without a ''work made for hire'' agreement. I am currently displaying the web sites on my online portfolio that I either coded or designed while working for the firm. Recently, my previous employer has requested that I remove any evidence of the sites I worked on from my portfolio, stating that it is a breach of my contract, specifically the non-compete and confidentiality parts. Since I was never an employee and never signed a work made for hire agreement, doesn't all the work I did belong to me and therefore allow me to display the work however I please? Or am I in violation of the contract I signed?
2 Answers from Attorneys
Re: subcontractor web developer copyright
I agree with the previous answer and would only add that who owns property, even intellectual property (IP), is a state law issue even though the copyright laws are federal. Most states (WA included) treat IP that you do for an employer in the scope of employment as belonging to the employer whether you have a contract or not. This is referred to as "shop rights" if you want to do some deeper searching on it. It gets a little more murky with things that you do after hours for yourself, particularly if you use work computers but that doesn't sound like your situation.
Re: subcontractor web developer copyright
Without seeing your contract it is very difficult to provide you with advice. However, a "work for hire" is any work done for a third party wherein you are paid to produce it. The copyright laws do not require that their be a "work for hire" agreement. You should also look at your contract for an intellectual property ownership clause,e.g. which party retains the rights for the work. Therefore, without first seeking permission from your former employer/client, you could be in violation of the contract.
I'd be happy to assist you further. Feel free to contact me at [email protected].
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