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I'm being threatened for using my work in my portfolio
I've been working as a freelance designer for 8 years, the majority of work for the one bureau, I had no contract, no NDA was drawn up or signed, just an agreed rate, I would do the work at his premises mainly and bill the company usually weekly.
I have now moved away and decided to post my portfolio online, I have since had threats of legal action unless I take the portfolio down and make no mention of the companies that I did the work for.
As the designer, I believe that I own the copyright for the artwork that I produced, billing the company accepts that I have sold the use of these designs but not the copyright, am I right?
And as such can I use the designs to put up on my online portfolio?
Saying that I produced artwork for a company whether through a bureau or not is fact, so shouldn't I be able to say so?
Anyone able to clarify? cos as it stands I have no portfolio to show for 8 years of hard work.
I have now moved away and decided to post my portfolio online, I have since had threats of legal action unless I take the portfolio down and make no mention of the companies that I did the work for.
As the designer, I believe that I own the copyright for the artwork that I produced, billing the company accepts that I have sold the use of these designs but not the copyright, am I right?
And as such can I use the designs to put up on my online portfolio?
Saying that I produced artwork for a company whether through a bureau or not is fact, so shouldn't I be able to say so?
Anyone able to clarify? cos as it stands I have no portfolio to show for 8 years of hard work.
- Contact in PM
SimonGreen
Messages count : 1Likes count : 0Registration : 2 November 2010Don't be bullied
Hey I'd just ignore their threats, often companies that feel threatened try to throw their weight around. But as long as you have no contract with your past employer that you have no legal obligation to not post your work up wherever you like.
I think it only really gets to be an issue if you were to sell on anything you did whilst being paid by them or were to give away any trade secrets or individuals identities.
If it's of great concern I'd suggest sending them off a polite letter, turning down the offer of withdrawing your work from your portfolio and asking them for a copy of a document that concludes that they are right in pursuing legal action against you. If you're feeling brave that is ;D - Contact in PM
Harrier
Messages count : 3Likes count : 0Registration : 29 October 2010Cheers,
I suppose if he thinks he was my "employer", then I should ask for the last seven years sick and holiday pay, not to mention NHI contributions! - Contact in PM
yourmailman
Messages count : 3Likes count : 0Registration : 12 November 2010i host images i have designed through an agency
they must just be worried if the client sees it they will probably go straight to you and cut out the middle man.
if you made no agreement definitely keep it online.
they are just trying to bully you! - Contact in PM
Lupita
Messages count : 207Likes count : 6Registration : 2 November 2006 - Contact in PM
Dazzer21
Messages count : 2Likes count : 0Registration : 1 May 2009Paye
Surely there must be an issue regarding your "employer's" tax issues, most notably that although you're freelance, if you only have one source of income, you are in effect an employee. Therefore, they should be registered as having you on their books using the PAYE system as opposed to you having to be personally accountable for your tax affairs. This puts the onus on them and I know that there are businesses out there who do just employ freelancers to escape that clause; if you were to seek enough other work to balance out (ie a 50:50-ish split), then you are not deemed to be working for an individual company and the above laws do not apply. So this goes a lot deeper than just asking for your NI requirements - this could lead to a full-on tax investigation on both sides... - Contact in PM
AdamC
Messages count : 8Likes count : 0Registration : 16 December 2010I would look into hiring a lawyer specializing in cases like these in case if the agency you worked for tries to take you to court. If you weren't under contract I can't see how they would legally be able to tell you what you can do with your portfolio. - Contact in PM
Harrier
Messages count : 3Likes count : 0Registration : 29 October 2010Been there, done that, cost a lot of money!
I established that I wasn't an employee
unfortunately :
•they have more money than me.
•technically if any of my designs/layouts include pictures or logos that aren't my copyright then I need permission to use them.
•if the designs are on their computer then what proof do I have that I designed them?
•if they are prepared to lie then it's my word against theirs.
"hand over the copyright and we won't take you to court!"
I can't afford the time, money or the risk, so the little guy loses....as usual.
Chalk it up to experience.
The moral of this tale is: "don't do work for b******s"