Legal Question in Business Law in Minnesota

Internet and Copyright Parameters - Artwork

I am a stained glass artist who quit my job at a

local glass studio to start my own business which

is in direct competition with my former employer

(there is no non-compete agreement to worry

about).

While in the employ of that studio, I designed and

painted several very nice pieces that I show

photos of to prospective clients as examples of

my skill. It is my understanding that since I was a

fulltime employee at the studio, my former

employer retains the rights to anything I created

but that I can still show them as part of my

personal portfolio.

I am currently designing a website for my new

business and I would like to be able to display

these photos on that site. My question is: Is it

possible to display them in some way without

violating any rights of my former employer? My

idea is to have a separate button on the webite

entitled ''Personal Porfolio'' showing past work,

listing me as the artist and giving credit to the

studio(s) where they were created. Any thoughts?


Asked on 1/08/02, 4:25 am

1 Answer from Attorneys
Vincent W. King Vincent W. King, PA

Re: Internet and Copyright Parameters - Artwork

I do a lot of work for architects, as well as some artists. The rule as you state it is correct; the employer retains the copyright to work done by you while employed with him/her.

However, it is generally the practice, in the architectural world at least, that employees who leave the firm are allowed to keep images of their work as part of their personal portflio. I believe the same holds true in the art world.

So, if you put these images on your web site as part of your "personal portfolio," and give your former employer proper credit, you are still infringing your former employer's copyright. But the risk to you seems relatively low, and the worst that could probably happen as a practical matter is that your former employer could try to force you to take the images off your site.

Hope this helps you.

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Answered on 1/08/02, 9:03 am


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