Is an Unpaid Time Still the Period of Relationship?

[Andre_Ch]

What is the name of your state (only U.S. law)? A company's state is Nevada. Mine is New Mexico.

I have worked at an advertisement agency as a part-time contractor - graphic designer. The agency is located in CA, but registered in Nevada.

My work time at the agency was between the hours of Tuesday - Thursday 10:00am - 4:00pm (18 hours a week). That was my first job that I found in the U.S. I was afraid to loos it. The president of the company always said that I work too slow, she called to another "candidates on my work-place" so I could hear her "speaking" with them. Therefore I've worked as hard as I could. I've worked 55-60 hours every week (instead of 18 hours) for several months. But have never been paid for over-time. There were troubles with getting pay-checks. The last one I got in two months after I quit the agency. I was forced to I ask a government to help me. A piece of work that I've designed working at the agency was awarded at the 2015 American Advertising Awards, Los Angeles competition. The agency gave credits to their current designer who has not even worked at the agency at the time when the piece of work was created (earlier I asked on this website if I have a chance to change a name of a credited designer).

Recently I received an email from a president of the agency. She demands to delete pieces of work I've designed working at your company from my portfolio website. I have signed an agreement with the agency. There is a paragraph regarding "Original Works of Authorship": "I hereby assign any and all original works of authorship (an all copyrights therein) created by me during the period of my relationship by the Company, to the Company."

I completely understand that. My question is:

Can the pieces of work which were designed during the time that was not paid be considered like "works of authorship created by me during the period of my relationship by the Company"?

Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? A company's state is Nevada. Mine is New Mexico.

I have worked at an advertisement agency as a part-time contractor - graphic designer. The agency is located in CA, but registered in Nevada.

My work time at the agency was between the hours of Tuesday - Thursday 10:00am - 4:00pm (18 hours a week). That was my first job that I found in the U.S. I was afraid to loos it. The president of the company always said that I work too slow, she called to another "candidates on my work-place" so I could hear her "speaking" with them. Therefore I've worked as hard as I could. I've worked 55-60 hours every week (instead of 18 hours) for several months. But have never been paid for over-time. There were troubles with getting pay-checks. The last one I got in two months after I quit the agency. I was forced to I ask a government to help me. A piece of work that I've designed working at the agency was awarded at the 2015 American Advertising Awards, Los Angeles competition. The agency gave credits to their current designer who has not even worked at the agency at the time when the piece of work was created (earlier I asked on this website if I have a chance to change a name of a credited designer).

Recently I received an email from a president of the agency. She demands to delete pieces of work I've designed working at your company from my portfolio website. I have signed an agreement with the agency. There is a paragraph regarding "Original Works of Authorship": "I hereby assign any and all original works of authorship (an all copyrights therein) created by me during the period of my relationship by the Company, to the Company."

I completely understand that. My question is:

Can the pieces of work which were designed during the time that was not paid be considered like "works of authorship created by me during the period of my relationship by the Company"?

Thank you.

Even if you were not paid during some of time that you worked for the Company, any work you created during the time you were at the Company would still belong to the Company. This is due to your earlier transfer of all copyrights in the written agreement you signed with the Company.

The pay issue is a separate issue and has nothing to do with the copyrights in the works you created while under the employ of the company.

 

[Andre_Ch]

Even if you were not paid during some of time that you worked for the Company, any work you created during the time you were at the Company would still belong to the Company. This is due to your earlier transfer of all copyrights in the written agreement you signed with the Company.

The pay issue is a separate issue and has nothing to do with the copyrights in the works you created while under the employ of the company.

Thank you.

I've worked as a contractor, not as a full-time employee. There are the definite hours and days in the agreement when I had to work: Tuesday - Thursday 10:00am - 4:00pm. So, I've created those pieces of work during my own time and they were not paid. Isn't that right? I can prove that.

Another question. What would a punishment be if I have placed those works on my portfolio web-site (I'm not a company and used the portfolio for a job search only)? I've deleted them right after I receive the letter.

 

[quincy]

Thank you.

I've worked as a contractor, not as a full-time employee. There are the definite hours and days in the agreement when I had to work: Tuesday - Thursday 10:00am - 4:00pm. So, I've created those pieces of work during my own time and they were not paid. Isn't that right?

If your work was created for your employer, on assignment for the company's client, the work and the copyrights under your signed agreement would belong to the company and not to you.

BUT, and I mentioned this in your last thread, you should have the agreement you signed that transferred the copyrights to the company, and the work you do/did for the company, personally reviewed by an attorney in your area. I remember telling you before that your work did not appear to fit into any of the categories of works that qualify as works-for-hire.

Here are two links to the US Copyright Office with information on works-made-for-hire:
http://copyright.gov/title17/92chap2.html
http://copyright.gov/circs/circ09.pdf

Another question. What would a punishment be if I have placed those works on my portfolio web-site (I'm not a company and used the portfolio for a job search only)? I've deleted them right after I receive the letter.

The "punishment?" The copyright holder (which may or may not be the company or the client) could have had the copyrighted works removed from your website if you had not voluntarily removed them, and the company or the client could have sued you for copyright infringement for displaying their work on your website without authorization (and potentially still could).

If a rights-holder registers the copyrights in their works in a timely fashion, it is possible for the copyright holder to collect from an infringer statutory damages (ranging from $750 up to $150,000 per infringed work).

This all depends on the specific facts, however, and the facts of your situation as presented are a bit confused and require a personal review.

Here for your wage problem is a link to the New Mexico Wage and Hour Bureau, Department of Labor's Labor and Industry Division, if you wish to fill out a wage claim form: http://www.dws.state.nm.us/Labor-Relations/Labor-Information/Wage-and-Hour

Again, I think you need to seek out personal assistance from an attorney in your area, Andre_Ch.

Good luck.

 

[Andre_Ch]

Thank you.

 

[quincy]

Thank you.

You're welcome, Andre_Ch.

I am sorry you are having problems with the company you worked for, and I wish I could be of more assistance in helping you resolve these problems, but a personal review of all of the facts seems necessary - and we cannot do personal reviews on this forum.

I appreciate the thanks. Good luck.