Legal Question in Intellectual Property in New York
I formerly worked for a company as a graphic designer and I never signed a release for any of my work when I left the company. I recently went on the company website and I noticed that another company that was hired to put a website together took credit for some of the graphics that I had created. They even put a copyright saying that it was their work. Is this grounds for lawsuit?
2 Answers from Attorneys
You did not mention whether you were a full time employee or a freelancer. This would greatly contribute to the analysis. In general when you are employed with a company, the company is presumed to own the copyright for the work, however as a freelancer this presumption changes. In addition, you did not mention whether you filed for copyright protection which would impact the amount of damages you could potentially seek.
You should seek a consultation with an attorney to further flesh out your circumstances.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
Start-Ups * Technology, Internet & New Media * IP & Business Law * M & A * Due Diligence
Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.
As a Franchise Attorney I agree with the other attorney answer. The critical issues is whether you were an employee or an independent contractor. After that, there are further issues depending on any agreements you signed with the company that may alter the presumptions stated in the other answer. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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