Portfolio & Copyright Infringement.

[Venthe]

What is the name of your state (only U.S. law)? New York.

Alright long story short, I worked for a company for a couple of years at the start of which, when discussing the position I was being offered, I was told that projects I worked on I would be allowed to use on my portfolio. I had left that position about 6 months ago for a better job which really upset my old employer. Two months ago I receive a certified letter in the mail from him that turned into being a Cease & Desist lawsuit involving my portfolio site and images I created while working for his company (placing absurd amounts for each image used, at least double what his company made on the entire project which was several images). His stance now is that I have no permission to use those images on my portfolio whether I worked on them or not.

As of right now, about 70% of my work was done at this company and I wouldn't really have a portfolio without them. I have since taken down my portfolio and am trying to build up alternate work in my spare time to replace them with, but I suppose what I'm asking here is Do I have to do this? Is it illegal for me to use work I've done as an employee on my portfolio? Is there anything I can do about this at all? Or does every time an ex-employer turns vengeful I have to abandon years of work?

 

[divgradcurl]

What is the name of your state (only U.S. law)? New York.

Alright long story short, I worked for a company for a couple of years at the start of which, when discussing the position I was being offered, I was told that projects I worked on I would be allowed to use on my portfolio. I had left that position about 6 months ago for a better job which really upset my old employer. Two months ago I receive a certified letter in the mail from him that turned into being a Cease & Desist lawsuit involving my portfolio site and images I created while working for his company (placing absurd amounts for each image used, at least double what his company made on the entire project which was several images). His stance now is that I have no permission to use those images on my portfolio whether I worked on them or not.

As of right now, about 70% of my work was done at this company and I wouldn't really have a portfolio without them. I have since taken down my portfolio and am trying to build up alternate work in my spare time to replace them with, but I suppose what I'm asking here is Do I have to do this? Is it illegal for me to use work I've done as an employee on my portfolio? Is there anything I can do about this at all? Or does every time an ex-employer turns vengeful I have to abandon years of work?

Do you have the original agreement that you could use the works in writing? If not, you likely have little recourse, unless there is some other way to prove the existence of a license to display the work. Were you an employee, or a consultant? If the latter, did you ever sign a work-for-hire agreement?

In the future, if you want to be able to use works you do for others as part of your portfolio, get permission in writing.