Legal Question in Intellectual Property in Virginia

Copyright threat

I left an advertising agency 3 years ago where we used a direct mail package quite frequently that worked extremely well. A client decided to leave that agency and come to the agency I started after I left.

The client asked the old agency for the art so they could get started on a project and was informed that they could not use the art because the techniques and information had been copyrighted and they would sue if they used it. (We used to give the art to departing clients when I was there...I think this is a shot at my company)

As long as I was at the old company there was never a mention of things copyrighted. I looked on the US copyright office website for anything under the company name and there was nothing. There is nothing on the package that denotes it is copyrighted. There is nothing in the contract that states that the agency retains the right to art.

My questions are:

1) Can we use the package that has been used over 20 times over the past 5 years under the clients logo?

2) Would there be gounds for a lawsuit if we mailed?

3) Would I be in danger for using the art? My non-compete has been over for 2 years.

Thank you!


Asked on 1/23/07, 10:28 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Copyright threat

Unless the client entered into an agreement with the agency providing that it would own the copyright (a "work for hire" agreement or an assignment of the copyright), the copyright in the art is owned by the person who created it or his/her employer. The techniques and information cannot be copyrighted (as to techniques, that would be a patent issue), but the expression of that information can (in other words, they may also own the copyright to any text - but not to basic information like addresses, etc.).

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Answered on 1/23/07, 10:42 am


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