Legal Question in Intellectual Property in New York

rights of usage

Am I entitled to showcase, in my online website portfolio (on my server), the original pages of a website that I built even though I no longer maintain the new site which has been changed and altered, and which is still using some of my original artwork?


Asked on 7/13/06, 7:34 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: rights of usage

That depends on a couple of things. First, who owns the copyright to the site? Who owns the copyright to the artwork? Was either the website you built or the artwork you created a "work for hire"? "Works for hire" are generally owned by the payor, and, if that is the case, you would need permission to show the work.

Also, even if you own the copyright, you could get into a trademark/unfair practices issue if you use any trademarks or trade identifiers in your site without their permission.

If I can be of further assistance, please feel free to contact my office for an appointment.

Best regards,

Nancy Delain

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/14/06, 9:56 am


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