promotional rights?

[ucmj22]

I should probably have my finger bitten by a cat for starting a new thread, but hey, Im lazy. Working for a Signshop, do I have promotional rights to the work that I design in the absence of any written or oral contract between myself and my employer? I.E. can I put a layout I designed at work on my personal website advertised as work that I have created?

 

[ucmj22]

Bump?

 

[Craig Sjoquist]

Since you have no contract orally or written, taking pictures of your work and public displaying claiming you designed it FOR X co. while working FOR X co. should be no problem.
Same with your employer they should have no problem with it OR announcing to the public that you are the designer.

This would be how I would handle it. If your that good and you want o show it off OR X co. wants to tell the world they got this great designer, all the better for both.

But on the same token you do NOT take the customer away even when you leave and I would set a time limit at least a year maybe more.

 

[Salmoneye]

Why don't you ask you boss since he is the one paying you to produce it?

 

[Drip Dry]

If your working for someone else, why do you need to advertise your work.

Look at it from your bosses view.
If I found out you were doing it to me... while you were busy updating your
website, I'd be busy finding a new employee

 

[vid]

...I.E. can I put a layout I designed at work on my personal website advertised as work that I have created?

...and then wait for a cease and desist? Sure, why not?

A better solution would be to ask your employer for permission? ...and the best solution would be to get the permission in writing.

I've asked, and received permission from employers to display art I've created while in their employ. Those layouts are attributed to the respective employers. I also have finished samples of some jobs to include in my private portfolio --- even then, with overruns of these jobs, I've asked the employer for those to include in my portfolio.

Of course, there are some works that have been restricted or denied, but those were obvious why they couldn't be in anyone's portfolio. Most were because of how ownership rights were addressed with the customer to produce the jobs.​

Provided the art has appropriate attributions, and is free from any contractual obligations with the end-user not to use it, there shouldn't be a problem asking and receiving permission to use it as self-promotion.


...but I'm not a lawyer.

 

[ucmj22]

Thanks for the info guys, I appreciate it.

I do freelance design work on the side, but if anything that the client wants as an end product is something that we produce at our shop I bill the whole job through the sign shop to avoid any conflicts of interest.

 

[cdiesel]

It was my understanding that artwork creating while under employ is the property of the company that's employing. Much like a patent of an idea belongs to the company. If I found one of my guys using company work to promote a personal business, they'd be gone pretty quick.

 

[ucmj22]

If I found one of my guys using company work to promote a personal business, they'd be gone pretty quick.

I lie in suspenseful wait

 

[signswi]

You have the right to use it in promotional work for yourself, aka in a portfolio (designers resume) unless you are restricted from such in a signed contract. The company likely owns the copyright but you likely have the right to display the work as work samples and skill proof. Employers cannot prevent employees from pursuing their careers (one of the reasons many NDA agreements get voided if they are court challenged).

State law can come into play so you might want to contact the Illinois AIGA and see what advice they have.

 

[Billct2]

1. Jobs that you designed while working from your employer can be used in a professional resume, but not for purposes of selling similar jobs "on the side" or in any other way. Your employer (or their client) owns the rights to those designs.

2. Jobs that you have designed and sold on the side are yours to handle as you please.
Same as any broker using your employers business to produce work from their sales/designs.

 

[weaselboogie]

It was my understanding that artwork creating while under employ is the property of the company that's employing. Much like a patent of an idea belongs to the company. If I found one of my guys using company work to promote a personal business, they'd be gone pretty quick.

that's what I'm thinking too. You're an employee of a company, that work belongs to that company.... period. If you're freelancing on the side and use the work that you did WHILE EMPLOYEED at that company to advertise your freelance work, I don't think that would be wise. I would only show samples that you did on your own time or for OTHER FREELANCE projects.

However, if you're looking for another job and include samples of work that you produced while employed there along with your resume, I think that would be fair. You're not advertising your work , you're advertising your caliber.