Legal Question in Technology Law in Texas

ownership of pictures

I used to work for a company who restored cars. I physically did all of the work myself. I've practiced this hobby for over 20 years on my own. It was only the last 5 years I actually worked for someone doing this type of work.

I recently quit working for that company, and have started my own business centered on restoration and customization of cars. We had no oral or written agreements about non-compete or anything of the like.

With the start-up of my new business, I built a website, and titled a page ''Past Projects''. I posted some pictures I'd taken with my own camera, of some of the cars I'd worked on while employed. My previous employer is now asking me to remove the pictures from my website, claiming that they legally belong to him. Is his statement true and must I adhere to his request?

Thank you for your time!


Asked on 6/17/09, 2:33 pm

3 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: ownership of pictures

Unless you took the pictures in the scope of your duties as an employee, your former employer has no rights in them. Truthful advertisements including your past work are legally permissible, even if they include the name of your former employer.

That said, I recommend that you consult with a local lawyer who can better advise you on any issues of TX law that might bear on the matter.

Best wishes,

LDWG

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Answered on 6/17/09, 2:43 pm
Charles Williamson Charles J. Williamson, Attorney At Law

Re: ownership of pictures

You're fine. Reason for saying this is that the cars operate in the public domain, where anyone can take a photo of them at any time and your ex employer would not have any ground whatsoever to say anything about it. If he owned the cars that you took the pictures of, well, then, that might be a different story. Hope this helps.

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Answered on 6/17/09, 3:01 pm
Sarah Grosse Sarah Grosse, Esquire

Re: ownership of pictures

You do not need to remove the pictures, and they are not his property.

This statement is based upon the facts exactly as you have stated them. Additional or different facts may alter that conclusion.

Regards,

Sarah

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Answered on 6/17/09, 4:32 pm


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