I'm about to launch a new portfolio website for a very specific industry area and I'd like to show some my best work for an old client. Unfortunatly we didnt finish the realtionship on the best of terms although this had nothing to do with the work and everything was paid for a dn signed off etc. Am I ok just to go and do this? Can they legally force me to take them down?
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I am going to assume that in your contract with your client you had a provision in there that you are allowed to use materials provided to the client for yourself for the sole purpose of marketing yourself. This is a common clause in contracts such as these. As long as this was in there, I see no problem in using whatever work you performed as part of your portfolio.
It's ok, we all do it. I would say as long as the work was completed, and he is using it, you may use it. In the US, Intellectual Property precedence states that unless you signed over the copyright of the work to him (and it wasn't a work for hire situation, e.g. employee), then you are still the copyright holder and he has merely licensed it from you. That would give you the right to use the work as you see fit.
Technically, you would own the copyright. So you may use it long past he quits using it. Its yours.
Since the only assumed grant of usage you gave him was a license to the original, he is technically in breach of copyright because you didn't grant him derivative licensing, which means he is not allowed to modify the work. If he ever came back at you, you have something to throw back at him ;)
Disclaimer: My comments in no way should be regarded as sound legal advice. Always consult legal cousel prior to taking any action. ;)
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by: sousflaiPosted on 2009-09-29 at 13:08:07ID: 25452919
oh, were in the UK and client still uses all of the artwork