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can i post photos of interior design projects i designed while working for a previous employer on my new company's website?
Chicago, IL
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Posted 6 months ago in Intellectual Property
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I have my own interior design company, and am getting ready to publish a website. I would like to use photos from projects i designed while previously employed, on the website.
how do I do this without violating copyright laws? is there specific verbage I should use with the photos, indicating that the projects were done while employed by a different company?
Additional information
thanks for the information. I did not sign a non-compete. I actually still do design work for them, as a consultant. however, the photos I want to put on my website, are from a time frame before the company was sold and the name changed. The company was sold, and I do work for the new owner. the designs were done and photos were taken during the time of the original owner. so technically, the company i worked for when the designs were done and photographed, is no longer in existence. does that change anything? Answers (2)
Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 6 months ago.
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Work done while working for another company is their property. You must secure permission from them to post them on the web. They have the right to grant permission or to withhold it. If they grant permission, they will tell to you what verbiage is to be used. Posting the work on the web without their permission will subject you to trademark infringement. You also do not post if you signed a covenant not to compete when you left your employer.
You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful. (Even if you are not filing a lawsuit this information can be useful). You might find my legal guide on commercial litigation helpful. You might find my legal guide on Employer/Employee disputes helpful. LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information. 
Pamela Koslyn
This attorney is licensed in California.
Posted 6 months ago.
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The designs you did while employed by thsi company (whether their ownership has changed hands since then or not) owns the designs, as has been advised, you do not have the right to display them without permission. But since these are samples of your work and you want your new clientele to be able to see them, one way you could ask for permission, besides asking for the right to reproduce and display the photos of these designs on your own site, would be to ask for the right to include a hyperlink to that old company's site on your new site.
The fact that you continue to work with this old company as a consultant means you must be on good terms with them, so they will likely say yes to both requests, as long as you are clear in listing your employment history that you no longer work for them as an employee and that the designs at issue belong to them. 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. |
