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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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I have an ex-employer that will not allow me to use graphical

Resolved Question:

I have an ex-employer that will not allow me to use graphical and video material I produced while I worked for him to promote my work. If I re-create that material, similar but not exactly the same, can he accuse me of copyright infringement? (There are no trademarks or logos involved)
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

Customer:

Hello?

BizIPEsq. :

please bear with me

Customer:

Thank you

BizIPEsq. :

when you see the typing indication you know that I am writing


BizIPEsq. :

or researching

Customer:

Oh, okay

BizIPEsq. :


Your ex-employer is within his permission of not permitting to use past work as it was work made for hire for the employer and therefore is owned by the employer. However copyright law does not protect ideas rather the expression of the idea. Therefore you can create similar videos with some caveats:



BizIPEsq. :

Copyright holder has the exclusive right to reproduce copyrighted material . Under the substantial similarity doctrine a work can be found to infringe copyright even if elements of the work have changed if they are substantially similar

BizIPEsq. :

This would be a factual analysis of the uniqueness, intricacy, or complexity of the similar portions.

BizIPEsq. :

Basically, one can create a similar work but not exact and it's best if new creative elements are interjected to avoid similarity claims

BizIPEsq. :

So you're sense of what can and needs to be done is spot on

BizIPEsq. :

I trust this answered your question

Customer:

Yes, I believe so

Customer:

Thank you

BizIPEsq. :

please rate my service

BizIPEsq. :

without your rating I do not get compensated for my work

Customer:

Am I able to ask a quick follow-up?

BizIPEsq. :

sure

Customer:

If he decided that my re-creation is too similar, could he sue me?

BizIPEsq. :

only if the underlying work was registered with the copyright office. If it's not the employer can register it just before going to court but no statutory damages. A court action is very expensive and with a potential diminished ability to claim damages the chances are questionable

Customer:

I'm sorry... I should have thought to ask this from the start... Does it matter that the underlying work was done about 10 years ago?

BizIPEsq. :

no. copyright are for the life of the author+70 years...

Customer:

Ah, okay. Thank you! You have been very helpful.

BizIPEsq. :

you're welcome. The rate button is below

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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