Legal Question in Business Law in California

Copyright law?
An employee did some art work for a bridal show last year. She did the work after hours. I paid her for her work and used the art for the bridal show. I let her go a couple of months later. When the bridal show came up this year I used the same artwork.
She called me and told me I didn't own the artwork and that I infringed on her copyright. I reminder her that she told me (last year) that I owned the picture. I paid her for it and I wasn't clear why it was OK to use the picture last year and it's not this year. She said she had given me permission to use it last year but not this year. That I had paid her to do the picture but that I didn't own it.
Since I let her go she is not happy with me. I was way over staffed and let two part time designers go. One of which was her.
I want to be fair and this is weighing heavily on my mind.
I have a receipt for the work and the cd she gave me with the artwork. She has her name on the side of the flower in the picture and she says that is her copyright.
Thanks in advance for your help.

Asked on 1/28/07, 1:19 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Copyright law?

This question should be asked under the LawGuru heading "Intellectual Property Law" to get the best answers. I don't practice in the area of copyright litigation, but I have done a little research on this topic in the last year, and I seem to recall that creative works done by an employee in the course and scope of their employment are considered the property of the employer. The fact that she did the work after hours probably does not take it out of the course and scope of the employment, especially if this assignment was done at the employer's direction and the work time was compensated, although it does add an interesting wrinkle that makes me less than 100% confident. I'd say on the whole that it is a reasonable business risk to tell this person she has no copyright. This is also what's fair, in my opinion. I think you are being shaken down unfairly.

Answered on 1/28/07, 1:31 pm

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Joel Selik www.SelikLaw.com

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Re: Copyright law?

As a "work for hire" the copyright would be owned by the employer. You can search the phrase "work for hire" and this will help you determine if you qualify.

Answered on 1/29/07, 9:29 am

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