Legal Question in Intellectual Property in Florida

I have been working for a company as their graphic designers. I have put some of designs for this company in my online portfolio. These designs are things that are in the public domaine (ads, promotional items, brochures, etc). THey said they saw my portfolio and told me to take the stuff down it's against their policy. I have have to look at my non disclosure agreement. Is this really correct? Especially that these are items that are publicly seen?


Asked on 12/10/09, 10:13 am

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The works are not "in the public domain" just because the public views them. You have copied the work in your portfolio, so yes, copyright laws are implicated. You need to check your contract with the company. I believe the designs you created are a "work for hire" and thus owned by the company for whom you created the works (absent any contractual provisions which would alter that conclusion). The contract may make an exception for your use of the designs in promoting yourself (i.e. using the design in your portfolio).

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Answered on 12/15/09, 11:14 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If you created the works as an employee, the copywrite is theirs. Just because others see it does not mean that anyone can use it.

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Answered on 12/15/09, 3:15 pm


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