advice please (freelance problems)

[breadlegs]

I recieved this email from my former employer regarding my Freelance webiste Breadlegs.com:

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"It has been brought to my attention that your website is populated with many projects that were generated by RJD for our clients. I feel this is grosely misleading and request that they be removed from your site.

I understand that you are trying to build your own client base but must stress that all of these have all been commissioned for RJD to carry work out on their behalf.I certainly don't want this to become a major issue but would like your assurance that all material is removed immediately.

I am sorry to ask you to action this straight away but it was embarrassing for both a client and supplier to bring this to my attention ironically on the same day!"

[breadlegs]

i should explain a bit. I worked fro this company called RJD. I was senior designer.

I left a couple of months ago to go freelance under the trading name of Breadlegs Design Agency.

I have a website: http://www.breadlegs.com

and some of the work is from my old company.

[hurricaneone]

The gurus over in the Boardroom may disagree, or at least want to debate my opinion, but unfortunately, I would side with RJD.

If you were under contract, working for them at the time you developed any work you display at breadlegs.com, it is their decision as to whether or not they'll allow you to display the content.

It sounds as if the work they want removed is actually in your site. Perhaps they would consider allowing you to link to the projects/pieces in question, that is if they're live and public. Maybe not though - the tone, although a request, sounds quite inflexible.

[breadlegs]

Would this be better in the Boardroom?

[hurricaneone]

I think so. I'm sure that a mod'll send it over there shortly.

[breadlegs]

Could someone move it please

[Napalm]

I just had a nice conversation with a Intellectual Property(IP) Attorney. Some companies have it in their contracts, but most doesnt. Those designs are your intellectual propert unless you have handed that IP over to the company in writing. If it was in your contract however, what I would suggest is that you put something like "Created by Breadlegs, while in the employment of RJD"

[JabezStone]

I have asked for this thread to be moved to the Boardroom, so keep an eye out for it.

In response to your question, I would say to check with any sources at RJD as to whether you signed any paper stating that you would not display any of this work in your portfolio. Many companies ask you to sign an agreement like this when they hire.

If not, I think you would be well within acceptable "rules of thumb" as long as you credit the company you did the work for (RJD) and also don't take credit for any of the work you did not do. Perhaps RJD would enjoy the traffic from your site! I have seen numerous portfolio/freelance sites that state something to the effect of

Company: name of company work was done for
Project: name of project
Scope: what they wanted
Solution: what you did
Software: what was used to create it
Involvement: exactly what work you personally did on the project, and the name of the company you were working with.

Try and make it a win/win situation. Hopefully you didn't leave on bad terms. Also, it's not acceptable to leave someplace and then contact that company's clientele to do work for them. Hopefully this isn't what you did. If so, I'd be ticked. I'm not saying this is what you did, but unless the person who wrote that email was lying, two companies have seen your site and complained. What's the deal with that?

[JabezStone]

Ah! and moved it is!

[breadlegs]

Originally posted by JabezStone
two companies have seen your site and complained. What's the deal with that?

When I left, it was on mutual terms. We get on weel (which is why this shocked me). A lot of his clients are friends of mine too and although I am not out to get them as my clients, they are aware of my Breadlegs site.

[JabezStone]

I see! Well, it's cool that you get along good... hopefully they'll go for giving them credit on your site, and you can leave them up. Let us know how it goes!

Jay

(BTW, nice work!)

[dlowe93]

Originally posted by Napalm
I just had a nice conversation with a Intellectual Property(IP) Attorney. Some companies have it in their contracts, but most doesnt. Those designs are your intellectual propert unless you have handed that IP over to the company in writing. If it was in your contract however, what I would suggest is that you put something like "Created by Breadlegs, while in the employment of RJD"

Not sure where you got that, or if IP law in South Africa is different than in the US, but i know that if you are a paid employee of a company, any and all work that you create as an employee of that company is the Intellectual Property of the company you work for. It does not have to be stated in a contract, it is implicit.

I know that this has been applied primarily towards scientists and engineers, but the courts in the US back the parent company as the owers of the intellectual property created by its employees.

Breadlegs, as far as your situation goes, you are in a tight spot. Legally it's their call as to whether or not you can keep the stuff on your site, and it probably would have been a good idea to give them credit in the first place, but that's neither here nor there.

I agree with Jay, work it out with them. Consider that even though the law is on their side, working something out with you is a lot cheaper and less time-consuming than taking you to court. Hopefully it won't come to that.

Good luck,

d.

[breadlegs]

"Dear Russ

Breadlegs is a portfolio of work representing my skills as a designer. Including the work I did for RJD.

It does look as if the work was just done by myself though, so I can see this is a problem.

Legally, I'm not sure how this stands as I never signed a contract. However, as friends it is our decision between us as to whether or not you will allow me to display the content, and as you say, neither of us want it to be an issue.

I feel there are two options:

1. I can remove the work altogether that I did for RJD from my site.

OR

2. I can add a note to each piece done at RJD that clearly states that "the work been commissioned by the client for RJD to carry work out on their behalf." and add a link to your website. This would be clear then for your clients where the work was commissioned and as I get thousands of hits, would be benefitial to yourself as extra promotion.

To me the second option seems better as we still do work together and I don't see any harm in highlighting that as long as its clear who the work was done for. Many freelancers have work they have done for various companies.

Tell me what you think

Regards

Chris Green"

[OddDog]

and his reply was ...

[Napalm]

Originally posted by dlowe93
Not sure where you got that, or if IP law in South Africa is different than in the US, but i know that if you are a paid employee of a company, any and all work that you create as an employee of that company is the Intellectual Property of the company you work for. It does not have to be stated in a contract, it is implicit.

I actually spoke to a leading US patent attorney. Even though it is implied, if it's not in the contract it's still the designers IP. Especially in this case were there was no contract.

This is according to the strict letter of the law, but obviously not the best route to go. Try and sort this out without getting laywers involved. If you can't do that however, the law is on your side.

[JabezStone]

Chris,

That was a well written letter. I hope everything works out to your favor!

Jay