Legal Question in Business Law in California

The answer would depend on too many details that are not provided. The employer's contract with the entity would come into play as well as your employment agreement. Depending on how risk averse your are, however, you can always use it and see if it triggers a cease and desist demand. It's hard to think what damages they could sue you for, and if you stopped using it in the event of a cease and desist letter, they couldn't sue for an injuncton.

The context really matters and we don't have that here. Assuming the design work is proper IP created while you were an employee and within the scope of that employment then it became your employer's upon creation. This would mean even you making copies of it is technically infringing unless you were granted premission to use it in a portfolio, for example.

If you were an independent contractor working without a written contract, then the analysis changes a bit. You remain as the owner of the IP, but the employer gets an implied license to use the work for all intended purposes that cannot be frustrated by the creator, like if you were to license it to a competitor. But in this case, presumably using the work on your own website as a sample, etc. should not be a problem as that should not frustrate the employer's use.

You say it can be accessed by the public. If this is so, then you can always just link to it and this would not be any infringement as linking is just like pointing and saying "look here, I did that."

If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

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Kind regards,

Frank

www.LanternLegal.com

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.