Legal Question in Intellectual Property in New York

My web site displays a portfolio of my graphic design work. Much of this work was completed while I was working at an advertising agency. This work shown on my site, clearly indicates that the work was done in conjunction with said agency. The form in which the work is shown is photography of printed design samples that I personally shot and formatted to be displayed on my portfolio.

The agency that I had worked with has taken my photographs from my web site and is now displaying these exact photos are their site as part of their portfolio. Do they have any right to display my photographs on their site and, if not, how do I take action to have them removed from their site?


Asked on 9/28/10, 2:55 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

It is not possible to answer your attorney question without further details. Did you sign a contract with the advertising agency? If so, what did it say? Were you an employee or an independent contractor? Work for hire issues are very fact specific. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/04/10, 6:43 am


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