Legal Question in Intellectual Property in New York

Portfolio/Work Experience

Is it legal to publish projects completed

while working for another employer

under a ''project experience'' web page

if credit is given to that employer?

Does the previous employer need to be

asked/notified? Can they refuse?


Asked on 3/09/09, 1:43 pm

2 Answers from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Portfolio/Work Experience

The answer lies in the contractual relationship between the author and its employer. If the employer is given the copyright and/or other intellectual property rights to the underlying work (this may sometimes occur under the work for hire doctrine), the employer would then control any further re-distribution of such works. Employees and contractors may also be prevented from publishing their works because of non-disclosure or confidentiality agreements they have signed or agreed to be bound by. Giving credit is unlikely to be of any help in these situations.

Have your contracts (if any) or course of conduct with the employer reviewed by an IP lawyer to give you a full answer.

The above reply is in the nature of general information, is not legal advice and does not form a client-attorney relationship.

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Answered on 3/09/09, 2:38 pm
Gerry Elman Elman Technology Law, P.C.

Re: Portfolio/Work Experience

I would add to William Frenkel's fine answer that the "work for hire doctrine" applies to anything written by an employee within the scope of employment. That sounds like what you were asking about, and it means that the former employer would own the copyright in the words you put together.

As the copyright owner, the former employer would have an absolute right to prohibit you from publishing the text, regardless of whether you gave credit to the employer in your publication.

However, yes, you could ask for permission, and if it's granted, then follow whatever instructions they provide.

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Answered on 3/09/09, 5:36 pm


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