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Topic: Former employer making threats over writing sample
| Author | Message |
| Magazine Mania | Posted – 5/9/2008 9:33:08 PM | show profile I have a couple of articles posted on my Web site as samples of my writings (and it clearly says this). They've been posted for almost two years now. I recently received a nasty email from the graphics guy at my former employer stating that I have no right to have any articles posted that he did the layout on because it could appear as if I'm taking credit for the "layout" that he did on the articles. Please advise. Just a little background. I worked for a crazy organization run by a management staff with NO MORALS (and they sucked the life out of the talented employees causing many to RUN away as fast as they came in). Now that I have moved on the craziness continues in more ways than one. |
| wineaux | Posted – 5/9/2008 10:11:32 PM | show profile I'm no lawyer, but I know that most people have online versions of their work as clipbook samples. I did have quite a bit of a problem once I wanted to create an online clipbook myself, but managed to get permission from some of my former employers. A sour relationship still shouldn't keep you from finding a new job. It seems really unethical on their part, IMO. Can't you just clearly state that the graphics have nothing to do w/ you, and the content is yours? It seems like a perfectly acceptable disclaimer. Maybe someone on here could enlighten us. Who knows what the guidlines are to legally showcase our writing ability online? |
| dribbledrive1 | Posted – 5/9/2008 10:28:30 PM | show profile The comment is pretty ridiculous. No one is going to look at a writer's clip and think he did the layout. Technically, if both you and the graphics person were employees, neither of you own the writing or layout; the company does. Posting the article as a sample could constitute a copyright violation (but so could posting the raw copy without the layout). I've never heard of a magazine going after a writer who posted a sample of his work like this. It's hard to imagine anything coming of this. If it were me, I wouldn't answer or acknowledge his emails in anyway, because I wouldn't want to open up a discussion with him or start a paper trail. My guess is if you don't respond he'll lose interest in this fairly soon. My philosophy is only to start being concerned by threatening messages when they come in certified letters. |
| Lula | Posted – 5/9/2008 10:35:21 PM | show profile I'm with dribble... The graphics guy at your former employer isn't worth worrying about. If you get a letter from your former boss, that's another matter. As dribbledrive pointed out, any work done for this employer while you were an employee constitutes work made for hire, which you don't own the copyright (and therefore reproductions rights) to. That said, neither does the graphic designer (if he was also an employee). I'd second the advice to ignore, and if you hear from your former boss, simply ask if you can have permission to post the work with a clear statement that it was done while employed at Company X, and offer to include a link back to them. |
| Magazine Mania | Posted – 5/9/2008 11:15:43 PM | show profile Lula - I am 99% certain that the former boss has put him up to this. Remember, I said the organization was CRAZY. I've now received my "2nd warning email" before he (graphic artist) "takes legal action." |
| Astera | Posted – 5/10/2008 1:10:49 AM | show profile This happened to my husband when he tried to post design samples he created while at a big corporation. The company made a big stink about it, and of course, when you're an employee, all your work does belong to the company. But he just ignored them (he, too, worked with many crazy and incompetent people) and they eventually lost interest. I really doubt this graphic design person is going to "take legal action." If he does, it will cost him. Maybe your boss will back him. In any case, the most likely first step will be a threatening letter from his lawyer. At that point, you may choose not to fight back, rather than spending your money on a defense. But here's hoping that if you continue to ignore him, he'll go away. ------ www.adventuresofastera.blogspot.com |
| Lula | Posted – 5/10/2008 3:02:47 PM | show profile Well, again, I'd ignore the whole thing completely until you hear directly from the boss. Legally, you're kind of SOL, since you don't actually own any part of the work, including authorship. You can say you wrote it as an employee of the company, but you can't actually publish it (online or elsewhere). Technically. What you can get away with is an entirely different matter. They'd have to pay to have a lawyer write you a cease and desist, and then they'd have to pay again to sue you if you didn't comply. Without any provable damages to the company, it just wouldn't be worth it to them and any decent lawyer would advise them as much. But if they're crazy, well, I guess you never know. But assuming you're acting in good faith (by not claiming authorship of the design, by crediting the company who actually owns the work, etc), I would ignore the whole thing entirely until I was compelled by law to comply. |
| Letterbox | Posted – 5/10/2008 4:11:25 PM | show profile There's a way around this if you're worried. Just put the story up in raw form. Forget the PDF and the layout. Then just include where the story originally appeared. |
| InsomniacNOT | Posted – 5/10/2008 4:29:04 PM | show profile It's also not a given you would lose a legal action if it ever came to that. Fair use provisions may very well allow the posting of the article, layout et al, if it is just a means of showing your portfolio. I agree with the others and would ignore them until you get an official takedown notice. Then I'd decide what to do. |
| dribbledrive1 | Posted – 5/10/2008 8:31:54 PM | show profile Everyone's risk tolerance is different. Personally, I would stick with my original advice: ignore this guy. His threats sound empty to me. I can't imagine a company spending money on legal action to get a former employee to take down from his web site an article he wrote for them two years ago. If you are the type who is nervous about this, and it's going to cause you to lose sleep and get ulcers, I'd continue to ignore the graphics guy and send a letter to the boss politely asking for permiission (and I'd make it a letter, not en emaill). If the graphics guy emails you back after that, I'd politely respond: "Since the company is the owner of the material in question, I've brought up the matter to the proper people at the company." Keep a copy of the letter, and don't spend time worrying about this. It's really a big nothing of an issue. --Lula - I am 99% certain that the former boss has put him up to this. Remember, I said the organization was CRAZY. I've now received my "2nd warning email" before he (graphic artist) "takes legal action."-- |
| snappiness | Posted – 5/10/2008 10:41:10 PM | show profile Can you just link to the article? Check and see if it's online anywhere and do that. Well, if you get a legal letter, that is. |
| Magazine Mania | Posted – 5/10/2008 11:18:48 PM | show profile snappiness Unfortunately they only post the most recent pdf file of the publication each month. When I still worked there I tried to get them to set up an archive but they never got around to it. |
| WordyBird | Posted – 5/11/2008 1:13:53 AM | show profile Would it be possible to add an acknowledgment? I'm assuming you have something like, "Published in..." with a copyright to the owner. Maybe the whiny little twit just wants a bit of recognition. "Layout by..." And maybe he wants the recognition so HE can point to the link because HE is looking to get out of that crazy company. |
| JeanMarie | Posted – 5/11/2008 2:20:37 AM | show profile | email poster Why not turn lemons into something tasty. See if the guy has a website and offer to credit him and link to it? Seems like if he uses his "business" brain, he might see a potential win-win here. |
| BruisePristine | Posted – 5/11/2008 3:26:29 PM | show profile Just give him credit on the layout: "Layout by D. Smith." It is plausible that the same person did the layout and the writing. I used to work for a very small paper, and I did this sometimes. But DON'T engage him in an e-mail back-and-forth. Sometimes, at a shitty company, the Kiss-Ass emerges, and will side with his boss, no matter how wrong the boss might be. The minute the Kiss-Ass learns that you don't care, he has no fuel. I sympathize with "immoral company that causes talent to leave" - been there, done that -- but if you play his game, you only risk becoming further engaged. Also, make sure you cut off contact. Block e-mails, drop these people from Facebook and MySpace, don't take their calls. It eliminates the temptation to get into a virtual shouting match. Have you considered making your Web site password protected? I am reading some tech-nerd books now to make some serious career decisions, and that's one great idea I lifted from one of my books. You really don't want your resume and personal contact info floating around in cyber-space, either. |
| Magazine Mania | Posted – 5/11/2008 6:30:38 PM | show profile Had he (graphic designer) not come at me in a nasty way, I might have considered offering to link to his Web site, etc. At this point I would rather NOT have the articles on my page (if it comes down to it) before I would do anything to help him. The nastiness was uncalled for. I'm thinking that he must see this as some opportunity to get paid - he was often strapped for cash. I wouldn't be surprised if the crazy boss gave him money to instigate this mess. Ultimately, the articles in question won't make or break anything...I have others that I can upload as writing samples. |
| DQ102 | Posted – 5/12/2008 2:01:39 PM | show profile First of all, I am sorry you have to deal with this wacko. I would ignore him as it doesn't sound worth your time to engage him and might encourage further contact. Like another poster said, just leave the piece up on your site. If you get a threatening letter from a lawyer, then simply concede and take the piece down. |
| writesonwater | Posted – 5/17/2008 10:02:13 AM | show profile That sounds like good advice, D. |
