is this considered work for hire or not?

[vivienne]

New York
RE: work for hire vs. copyrights owner
Could you please help me figure out where I stand with with respect to copyrights?
I work for a design company as a receptionist. At some point the company used material which I created in my own time as a graphic designer (working at home, outside office hours) and not using my employers equipment. My artwork was successfully used for advertising campaigns, which the company sold to its client.
There is no written contract of any kind, let alone a work for hire or transfer of copyrights etc. My employer is not willing to pay me for the work I have done.
Here is what I found that the law says:
Works Made for Hire. -- (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. 17 U.S.C. sec 101

 

[demartian]

Papers

Did you sign any papers when you started working there? There are standard forms that companies make you sign that say things like "all works created by the employee are property of company X" and that would include this situation.

 

[vivienne]

thanks for the reply.
No, I did not sign any papers.
When I started (over 5 months ago) my employer was reluctant to offer any kind of written contract. He prefered verbal arangements.

 

[HappyHusband]

New York
RE: work for hire vs. copyrights owner
Could you please help me figure out where I stand with with respect to copyrights?
I work for a design company as a receptionist. At some point the company used material which I created in my own time as a graphic designer (working at home, outside office hours) and not using my employers equipment. My artwork was successfully used for advertising campaigns, which the company sold to its client.
There is no written contract of any kind, let alone a work for hire or transfer of copyrights etc. My employer is not willing to pay me for the work I have done.
Here is what I found that the law says:
Works Made for Hire. -- (1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. 17 U.S.C. sec 101

At some point the company used material which I created in my own time as a graphic designer (working at home, outside office hours) and not using my employers equipment. My artwork was successfully used for advertising campaigns, which the company sold to its client.

How did the employer gain access to the material?

 

[vivienne]

hello, HappyHusband
I allowed the company to use my work by providing the electronic file which I created with my own camera and computer. As I am employed in my capacity of receptionist and paid for my work as such, the employer said that he would pay me separately for the graphic design work(which he never did).
Thanks...

 

[shortbus]

It's certainly possible they infringed your copyright. But what do you want to do about it?