Do I legally have rights to use designs I made for past employers?

[lilbabe80]

I obviously am not planning on sourcing out the work to other companies but I was wondering if I could use my work for job interviews.

I did 2 collections for a past employer and i want to use them as examples of my work for job interviews. Can my past employer legally prohibit this?

THANKS!

 

[Pinky*]

i'd check with a lawyer.. bc you never know what can happen.
i imagine it'd have something to do with what you're designing.. for e.g. if the design has not yet been released yet, you probably can't show it to the competition..
or if the design is credited to the company, rather than you.. then maybe no again. (like in some cases for furniture, the piece is credited to you)

sometimes this kind of policy is written in your work contract (with your past employer).. since the outlines for some companies usually will say, 'you can't work for a company in the same industry for 6 months, etc'..

 

[faust]

I obviously am not planning on sourcing out the work to other companies but I was wondering if I could use my work for job interviews.

I did 2 collections for a past employer and i want to use them as examples of my work for job interviews. Can my past employer legally prohibit this?

THANKS!

unless you signed a contract specifically prohibiting this, you can use them. you are not infringing on any IP law, since you are no actually copying them.

 

[sleazie ninja]

i'd check with a lawyer.. bc you never know what can happen.
i imagine it'd have something to do with what you're designing.. for e.g. if the design has not yet been released yet, you probably can't show it to the competition..
or if the design is credited to the company, rather than you.. then maybe no again. (like in some cases for furniture, the piece is credited to you)

sometimes this kind of policy is written in your work contract (with your past employer).. since the outlines for some companies usually will say, 'you can't work for a company in the same industry for 6 months, etc'..

I'm no legal expert (even though I did go to law school) but the points that Pinky makes are pretty right on. This is a basic contract law and intellectual property issue.

First, you always, always, look to the previous employment contract. Usually, there will be a non-compete clause or something to that effect, which will bar employees from benefitting financially or taking other jobs after acquiring trade secrets or designs. In case of a designer, I would imagine that the company would own the exclusive right to any design created by one of its employee, in consideration for your salary, benefits and what not. There can be situations, where employer and employee share joint rights to a design or work, but I still would think some time would have to pass before using said design at another company. If it is a design that the company is planning to use in a future line, season, or whatever, then you might be barred from sharing that with another employer if it is a completely original design. But, yeah, best advice is to speak with a lawyer unless of course you want to tackle Title 17 of the U.S. Code, but that doesn't quite read like "Front Row": biography of Anna Wintour.

I think I will now eat a chili dog...

 

[Luna]

Uh.. Yes you can do this if you designed them... you can include them in your portfolio.

Unless you signed some sort of awkward contract that forbids you to reveal any designs that you are responsible for to anyone else.

 

[kathleen fasanel]

Okay, I'm new here, not a lawyer but I've been in the biz for (counted today) 27 years. good lord, didnt realize it was that long.

okay, legally they can prevent you if that's your question.
the question is, "should" you show those lines.
and this is why:

Every line of work has it's internal rules of acceptable behavior. Showing those sketches is generally acceptable provided those lines have been released and sold. You should never provide copies of the sketches, they can look at them with you in the room but not otherwise. If the lines have not been released, you should not show them.

If you show lines that haven't been released, it's common that you won't be hired. They figure if you're unethical with a past employer, they couldn't expect you to act ethically for them either.

 

[Lena]

yes, i agree with all kathleen posted

i've delt with fabric designers showing me their 'work' but i knew where it came from and it wasnt really their work but the work of a whole team, found it unethical, never gave them the post.. i got actually scared theat they would show off our work as theirs if they ever got to work for us..

one needs to be very careful with what is in a book.. you never know how much the person who's interviewing you amy know..
as for legal action, i wouldnt worry about this, not a lot of chances to get nailed and prosecuted or something but you may not get the job..

my advice: show only things that belong to you 100%