On Jul 20, 2009, at 6:06 AM, Tara Goskie wrote:
Since I was paid to create the designs, I'm
afraid I may not have the rights to request the files. Is there any
third person I could contact for assistance? What would be the
appropriate way to handle the issue?
Tara,
Be careful about the
On Jul 23, 2009, at 4:00 AM, Jared Spool wrote:
Employment law is mostly dictated at the state level, not federal.
It is my understanding that many if not most states default to a
work for hire agreement, which would mean that the company that
pays owns the work unless explicitly excluded
Tara,
I think you might be able to find some answers on the AIGA
sitehttp://www.aiga.org/content.cfm/design-and-business.
There appear to be some articles that address this exact topic.
Best of luck,
Hugh Griffith
User Interface Designer
On Thu, Jul 23, 2009 at 2:00 AM, Jared Spool
On Jul 20, 2009, at 3:51 PM, USABILITY MEDIC wrote:
I don't know all the legalities but the company essentlaiiy owns
everything you create so they have no obligation to give you access.
#include std/disclaimer
This is not true in the US. In the US copyright defaults to the author
unless:
This person was laid off which implies he/she was an employee. As
such, he/she has no rights to the artwork created. In fact, they need
to get permission to display that work in a portfolio because it's
proprietary information.
Where did people get the idea that there's a contract involved in
Also, yes you can be sued if you display work that's not owned by you
and claim it as your own. Most of the time we just get a free pass...
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Posted from the new ixda.org
http://www.ixda.org/discuss?post=43876
I'm pretty sure there are laws to protect designers facing this
problem. You have the right to employment, and you need to show prior
work to get it. Check out the AIGA web site and see what you can find.
In my opinion, as long as you aren't giving away any company secrets,
show whatever you want
On Jul 20, 2009, at 10:05 PM, Nathaniel Flick wrote:
This person was laid off which implies he/she was an employee. As
such, he/she has no rights to the artwork created. In fact, they need
to get permission to display that work in a portfolio because it's
proprietary information.
Where did
I have been working for a company creating online software/application
for the past years. Recently I got laid off and they disabled my
connection to the company's server right away. Since I was a remote
employee, I wasn't able to get the design files I'd done for the
company. Therefore, I emailed
We're you a contractor in the US?
Did you sign away the copyright?
On Jul 20, 2009, at 5:06 AM, Tara Goskie wrote:
I have been working for a company creating online software/application
for the past years. Recently I got laid off and they disabled my
connection to the company's server right
This brings up one of those good, general practices: Never leave
yourself in a position where you rely on your company's server for
access to work you've done. Companies often turn off your access
*before* they inform you you're no longer wanted. At least if you've
copied your work to your
The ugly reality here is that if you were an employee or a work-for-hire
contractor you have no rights to access or show that work. Inherent in those
relationship is ownership of your work, which you do not have. Even had you
backed up all of your work locally, and they asked you to destroy those
This doesn't help you for your current designs but in the future, send
copies of your work to your personal email address or post them on a
personal server AT TIME OF DELIVERY TO CLIENT.
You can catalog/org them later but at least you have the files.
I don't know all the legalities but the
Yeah, sucks.
When it's live, feel free to snag it tho; what are they gonna do sue
you?
On Jul 20, 2009, at 5:06 AM, Tara Goskie wrote:
I have been working for a company creating online software/application
for the past years. Recently I got laid off and they disabled my
connection to the
mark schraad wrote:
The ugly reality here is that if you were an employee or a work-for-hire
contractor you have no rights to access or show that work.
Doesn't it depend on the contract? I've gotten away with using a
photographer's contract that allows me to replicate things in my
If it was me I would contact a personal friend at the company and ask
for a favor. Hopefully you have made a couple of trusted
connections with people where you used to work.
However, that would be my last resort. You have to understand that
management doesn't always see the forest through the
Oh, man. Please don't contact HR. It'll likely result in no work given
to you and a resulting rock-solid policy stating that nobody gets
copies of work after the fact, ever (with accompanying legal
paperwork, signatures, and binding agreements).
You're better off going with the trusted friend
Since you sound as though you were not a contractor but an employee I
would check with a reputable attorney who specializes in this. I am
not recommending litigation%u2013they can be invisible and still
advise you in your negotiations and you would get better results
perhaps. I know you do not
I said HR because of the need to see the employee contract regarding
the ownership of work. So Anne is right, DO NOT beg any questions
about getting your work back to HR. Just request the employee
contract(s) from them...if it comes to that.
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