Legal Question in Intellectual Property in Washington

Thank you for taking the time to read my question.

I am a freelance graphic designer in the State of Washington. I performed work for an agency and posted the completed work on my website. We had no contract for the work that was performed, nor did I orally or contractually give them rights to the material. It was always under the assumption that if the completed work was to be altered, I was to be called in to alter the work and be compensated for my time. This happened frequently. Also I would come in when there was a project, be compensated when the project was complete, all without a contract.

I know that federal law has the Copyright Act of 1976 and the work for hire clause (U.S.C. 17 Section 101), that defines copyright law regarding independent contractors (101(2)) and who owns the rights to the material. And under those provisions I still own all the rights to the work.

My questions:

- Can I legally post the completed work on my portfolio website or is there a Washington statute that prevents me from doing such?

- Who owns the copyrights to the work?

- Does this federal law take precedence over state law?


Asked on 11/13/09, 2:59 pm

1 Answer from Attorneys
Robert Apgood

Based upon the facts that you presented, yes, you can legally post the completed work on your Web site, and no, there is no Washington statute that prevents you from doing so.

You own the copyrights to the work and have done so since the moment it was put in a tangible form (even if the only rendition of the work is a computer-based image).

There is no state copyright law. All U.S. copyrights are governed by Title 17 of the U.S. Code. But, yes, generally U.S. Code will preempt state law.

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Answered on 11/18/09, 3:48 pm


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