Legal Question in Technology Law in California

I need advice about electronic works being used in a portfolio.

I was working for a graphics company and created several web site designs (which they did not use). I like the pieces and have included them as samples of what I can do on my new companies (freelance) website. I have gotten a nastygram from the owners of the other company telling me to take them off, because I don't have permission to use them (they are mad at me for leaving). What is the legal word on artwork being used as samples to help me get more work in this area? I have a hard copy portfolio full of artwork created by me, while working for someone else. I know its OK to do that, but don't know about electronic works.


Asked on 8/29/00, 10:26 am

1 Answer from Attorneys
Jeffrey Look Look Law Firm

Re: I need advice about electronic works being used in a portfolio.

This sounds like a "work made for hire" type of situation under the Copyright Act. You say that you were working for this company. If yourwere a direct employee (got a paycheck and were subject to their control) and if it was your specific job to create website designs, then anything you create is their property and they are generally free to keep you from using it. However, fair use could come into play which may let you use some of the works for specific purposes. Without more info, it would be too difficult to give you a more definitive answer.

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Answered on 10/03/00, 12:18 pm


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