The files were created both on and off the clock and I am no longer with the company. Do I have any right to request the art files I have created? Even for portfolio purposes?
The work you created for your former company was for the company, and they own the work and any copyrights. You can always ask permission to use the work for your portfolio purposes with proper ownership attribution to your former company, and this is commonly granted. Any other use for the files, such as for re-purposing the designs for another project, would not likely be granted.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Generally, artistic works created for an employer are considered the property (intellectual property) of the employer. However, if you were an independent contractor creating works-for-hire, as opposed to a full time employee of the company, you possibly may have (intellectual property) rights to the works created during your own time and using your own resources.
Additional facts are necessary for a complete determination of ownership of rights in this situation.
THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY, NOT LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.
