Windows 7: Legal Stuff...

Hello guys!

I hope i don't make a mistake by posting this thread...

I have a question about some legal issue...

I worked in a company (not a big one...) as a graphic designer. After a while i quit my job and i started working as a freelacer.

I made myself a portfolio to present my work. In my portfolio are only resized pictures with text watermark allover.

My ex-boss called and asked me to take out the work i have done inside the firm.

I never signed a contract for copyright with him... actualy i worked for him without any contract because he didn't want to pay taxexes, but i gave him all the papers he neded for a legal contract.



I want to keep my portfolio... is my work and is just for presenting puposes. Can i do that, legaly?
Maybe some of you know better how this things work...

To get an ideea, this is my portfolio: Graphic Designer,Web Designer-Blandu Portfolio

Sorry for my writing mistakes... i'm in a hurry and i'm kind of nervous!

Maybe this thred will be helfull for others to...

Hmm when I used to write a reporting "application" in Access for a school I worked at, I was told by several people (both internally and externally), that ANYTHING you do during office hours, or using office equipment belongs to the company. Even further than that, they can claim ownership of anything that has been done for them even if you did it at home on your own computer etc...

Not sure exactly how this applies to you though depending on exactly how you were "contracted".

Tom

As i said, i didn't sign any contract with the contracter...

I would like to find a law that i can use to defend myself... in any case...

The whole issue of Intellectual rights and copyright is a legal maze and is largely dependent on the laws of your locality.

Normally I would expect that the company would hold the rights on anything that was produced whilst in the employment of the company in a position reasonably expected to produce such product.

the company would hold the rights to anything that was specifically commissioned from the originator plus that not specifically produced to order when actually in their employ.

Basically anything related to the company that was produced by an artist would be their intellectual property, but a landscape of a public location painted during the period of employment, (whilst not in work), would belong to the artist.

This does assume that no specific contracts exist to further specify rights.

I would strongly advise that you seek professional advice from a rights lawyer in your jurisdiction

It may be legal to use it, but you may want to stay away from a court based on the taxes thing...The IRS may come knock on your door.

Thank you for your answers!

I would guess that if there was no contract specifically stating that, then you were just working as a freelancer making his artwork, therefore nothing has changed.

But I'm not a lawyer. You do need to talk to a local one.

~Lordbob

I asked a lawyer and the law is on my side...

Actualy, if I sue him, i can gain the rights of my work (i am right now an anonim artist and he, beeing the first one who made my work public, ownes the rights for them) and i can stop him for using it. But that is not the case here... I hope he will understand the facts and stops bothering me!

According to the EU directives, Romania being a member state, the intellectual property created at work belongs to the employer. However, every Union state has their own legislation about this. At the moment there are plans to give at least partial rights to the actual employed creator (as is already when intellectual property is created by an independent contractor) but it is still a long wait before that happens.

If this thing goes to the court, I think the main issue would be if the court sees you as an employee or as an independent contractor. The employment criteria is fullfilled if you worked there officially i.e. he paid not only your salary but also the social costs, taxes and insurance. A contract is not necessary. If he can not proof you worked for him / his company, you just might win. It's not sure, though.

Complicated situation but I would recommend you to try to negotiate. Anyway, you know that you worked for him and basically he is right. How about adding text to your portfolio, telling that this work was done when working for him?

You can find more information about this issue on European Union's website in English and in Romanian.

Good luck.

Kari

I hope it wouldn't get that deep as going to the court. In any case i will win... there are several issues with the company...
Anyway, i left him a messge with my decision and i let him know that i will stand my ground.