Legal Question in Intellectual Property in California

I'm a 3d artist and I use a website as my portfolio. I posted images that I created while working with my previous employer. All the images were found published on other websites. I received a letter from my previous employers attorney stating I violated the nda and published proprietary information for personal gain. Am I able to publish images with the notation that the work is owned by the ex employer in order to seek employment since my portfolio serves as my r�sum�?

Asked on 12/01/12, 2:20 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

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Unfortunately, you have no right to publish that work, even with the note that it is owned by your former employer. Since you were an employee and created that work in the course and scope of your employment, then your employer owns the copyright to that work and can deny you the right to publish it on your site or anywhere else. This is true, even with the attribution you provide. To post that work, you need your former employer's permission.

The NDA likely provides a second argument as to why you cannot post that work on your website, though I have not read the NDA and therefore cannot interpret it for you.

Note that the answer to the copyright question might be different if you were an independent contractor instead of an employee. I would need more facts to make that determination. The NDA, however, would still be an issue for you.

Answered on 12/01/12, 2:31 am

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