Legal Question in Intellectual Property in South Dakota

Ten years ago, I created an informative poster for the tourist place where I worked. A coworker helped me with details. The printer/publisher who worked for that company adjusted the design to be used on a postcard which was to be sold exclusively at that business. On the back of the postcard, it states that it is from a design by my coworker and me. There is no copyright mark, but it does have the name of the business. There was no contract or other arrangement made between the business' owner and us. Since I no longer work there, am I allowed to erase the name of the business on the postcard's reverse side and sell the postcards for myself. I would split the profits with the other designer, if she wanted them. Thank you.


Asked on 3/27/17, 1:22 pm

1 Answer from Attorneys
John Mitchell Interaction Law

Section 101 of the Copyright Act contains a definition of "work made for hire." From the facts you have provided, it sounds as though your employer is the copyright owner of the work you created. See https://www.law.cornell.edu/uscode/text/17/101. The first part of the definition is: "(1) a work prepared by an employee within the scope of his or her employment."

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Answered on 3/27/17, 4:39 pm


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