Legal Question in Intellectual Property in California

portfolio

If you are a designer. Employed by a company. Leave that company. Start your own company. Can you use the projects you designed while employeed by another company in your companies ''portfolio'' as work you have done?


Asked on 8/01/07, 6:47 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: portfolio

Sure. Why not. It's "fair use." Go crazy.

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Answered on 8/01/07, 6:54 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: portfolio

Work done while employed for another is considered "work for hire" and belongs to your former employer.

This result can be altered if either (i) you were an independent contractor istead of an employee, or (ii) had an employment agreement that let you retain intellectual property rights.

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Answered on 8/01/07, 6:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: portfolio

I concur with Mr. Meyer. The copyright appears to belong to your prior employer under the work for hire principle. The likelihood that a court would find your proposed use to be "fair use" is relatively slim, and I would advise against taking a risk of making a public display of them, such as posting on a Web site or printing in brochures. More likely, keep them in a folio in your desk and show them, without reproducing them, upon request.

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Answered on 8/01/07, 9:31 pm
Jillian Sidoti The Law Office of Jillian Sidoti

Re: portfolio

I also agree with Mr. Meyer. This falls under "work for hire"

Don't use it - you will probably get sued.

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Answered on 8/01/07, 11:07 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: portfolio

The copyright in the material you create while an employee belongs to the employer.

You CAN truthfully say that you did this work, and point prospective employers, etc., to the other work as examples. If it's print material, keeping a copy in your print portfolio is an accepted practice.

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Answered on 8/02/07, 7:59 pm


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