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[Michael Henderson]

Within this last year I worked as a graphic designer for a small book publisher, and worked on a book project designing the look and feel as well as the graphs and maps for a certain boook. I moved on to a different job about 60% into the project when a freelance designer took over designing the remainder of the maps. I designed the maps, icons, and look and feel before the other designer took over...she was meerey emulating my design for consistency. Since I was working at another job during the completeion of the project she took credit for all of the designed content when she actually designed nothing but copied the designs that I created before leaving. Is this illegal since I was an employee of the publisher while creating the designed content...do they have the right to give credit to whomever they choose? Now I cannot use the work in my portfolio because it has someone elses name on it!

[JSonnabend]

Assuming you were an employee of the book publisher at the time you created the designs and you did so within the ordinary scope of your employment, then I see no copyright claims you can make.  Under this set of facts, the author of the designs, for copyright purposes, is the employer, not you.

That's not to say that you may not have other legal rights, only that you apparently don't have any copyright interests to assert.

- Jeff

[Michael Henderson]

Okay...so since the employer is not breaking any copywright laws, what about the freelance designer who took credit for the whole project knowing that I designed the maps before her arrival to the project. Could she claim the maps as her own in a portfolio, promotion, or perhaps in a design competition without stating that it was a collaborative effort? Does it make a difference that she was a contract designer on the project?

[JSonnabend]

Okay...so since the employer is not breaking any copywright laws, what about the freelance designer who took credit for the whole project knowing that I designed the maps before her arrival to the project. Could she claim the maps as her own in a portfolio, promotion, or perhaps in a design competition without stating that it was a collaborative effort? Does it make a difference that she was a contract designer on the project?

That's between her and the employer.  For that matter, if you were to use the materials in your own portfolio or competition, the employer may have issues with you.  Strictly speaking, your use would be copyright infringement, although portfolio use might be excused under the fair use doctrine.

You should always bear in mind that based on your description of the facts, you are probably not the author of the materials for copyright purposes.

To the extent that the other designer was a contractor, she might be considered an author of the later works, which may be derrivative of the original works -- works of which you are likely not the author.  She may actually have more rights than you.  In any event, it appears to be an issue between her and the employer, not you.

- Jeff

[JimIvey]

My understanding is that credit for authorship (the concern of the original post as I saw it) is distinct from copyright ownership -- although the two may be joined at the hip.  I'm not familiar with the specifics of rights of credit versus copyrights.  I'd be happy to hear what people think about that.

Regards.

[Michael Henderson]

Okay...I understand.
So all artistic/design work that I do for an employer belongs to that employer and they can choose to give credit to whomever they wish. That would mean if I created an illustration while working for the publisher as an employee of the publisher the could give credit to Santa Calus if they wished to do that? I'm just wondering if there are laws to protect employees in the creative industry to get the credit they rightfully deserve?

I dont see how it is leagal for someone to pose as the original author of the art of another employee because the company was upset about me leaving 60% into the project. I just want to know how to protect myself from someting like this in the future.

[Isaac]

The notions of credit and plagiarism for a creative work are
are separate from the concerns of copyright ownership.  It is
certainly possible for someone to create a work and assign the
copyright to client and yet still retain a copy that he can
show in a portfolio and take credit for creating.  In the case
of an employee, it is more difficult for that to occur, because
the employer would own the copy as soon as it was fixed.

Similarly, even if an employer owns the copyright because of work
for hire, there still might be situations where claiming that
the employer designed the work rather than tbe employee might
constitute fraud and thus be actionable, but IMO those situations
would be fairly rare.

[JimIvey]

I have a very vague understanding that Europe's copyright laws have a stronger notion of "moral rights" -- rights that belong to the creator and cannot be transferred.  I believe one of those inalienable rights in copyright is credit.  Another thing I remember (perhaps incorrectly) is that a consequence of the strong focus on moral rights is that buying the Mona Lisa does not give you the right to destroy it.  I believe that's one of the moral rights that is never transferred -- defacing/destruction or something like that.

At any rate, the US has a much smaller focus on such moral rights and focuses more on the rights to make money from the work.  To the extent other laws are implicated, that goes beyond what I'm familiar with.

Regards.

[Isaac]

The focus in the US on moral rights is downwright tiny, and
at least arguably is less than required by the Berne convention.

The US position is that the gap in moral rights is covered by
things like the Lanham act and common law actions against
unfair competition, misrepresentation, libel etc.

Perhaps those moral rights substitutes could come into play
in some situations someone takes credit for work they did not
do.