A BIG company is using my artwork with out my permission. What do I do?

Question

I worked for a smaller company as an artist. This company was taken over by a much bigger monster company and I was laid off immediately.

On my computer I had my artwork that was in the process of going through a review, to be accepted and then PAID for by the said smaller company.

As the hostile takeover commenced, I was not allowed to remove any of my electronic art from the computer. I have since SOLD the artwork to another company. (I have my original files and art at home.) Now the monster company is using my art with someone else's NAME on it to make sales.

What do I do?

I did this work at home, on my own time.

Does it matter that the art was only for VIEWING purposes on that computer at all?

Answer 1

to everyone answeing that it was never hers... read her initial question closer.

"On my computer I had my artwork that was in the process of going through a review, to be accepted and then PAID for by the said smaller company."

it was independent work that the smaller company was going to buy but never got the chance. If you can prove this then the larger company basically stole it and you would have a case

Answer 2

I think it's a given that the work is yours, & you can show proof of the art as belonging to you. Regardless if you created it for that small business, you are the artist and your name would have been attached to the art had it proceeded through the intended outcome. What I'm worried about is if they made a small minor change to the art, could they then claim it as their own creation. You need to get a good attorney and fast! A good attorney might take the case on the credibility alone with no upfront money. If they are willing & capable of taking on a forune 500 hundred company, maybe they will see dollar signs that will motivate them into quick action. Get an attorney before you do anything else!

Answer 3

Well, if you created your product in the scope of employment with the smaller company that was acquired by the larger company, that work is the property of the company that made the acquisition -- not you. Sorry.

Even if the work was done at home, you were in the employment of the first company -- it belonged to them, especially if it was placed on their computer. Perhaps you have a contract with that first company that says something different. Maybe you can put a best foot forward and approach this company and sell yourself? Look at it as an opportunity.

Answer 4

I agree with everyone else. The artwork technically was never yours ... it belonged to your employer (check your original employment agreement). Now, the artwork belongs to the bigger company, because it bought all the assets of the smaller company.

Ironically, if the company that you SOLD the artwork to starts using it, the bigger company can sue them. And, this company can come after you. You definitely need an attorney. You need to make certain that the company you sold this to realizes that you didn't own the rights to it.

Answer 5

it sounds as if you may have illegally sold the rights to art that belonged to your previous company. You should talk to an attorney before you get too worked up, it soulds like you sold something that you had no legal right to sell. It does not matter if it was your work, if you did it while working for the company they are the ones that own it.

Answer 6

What they are doing is most likely illegal. Talk to a lawyer. Unless there's a huge amount of money involved, it would probably cost you more to sue them than it's worth. Not fair, I know.

Answer 7

any art produced by you for the first company is now the property on th new company, it is not and never was yours.