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Rights to post work done as employee for advertising new studio provided you give credit.

sundanceuiuc

All,

 

I was laid off and have decided to use this opportunity to try to hang my own shingle. RA/LEED AP/10 years Exp. Obviously, the hardest thing to do is get clients.

 

What are the fair use rules considering using work from a previous employer provided you give them credit (i.e. list your role 'project manager' and list the employers role 'architect of record/principal'). 

 

Is this legal? I'd prefer not to have to this route, but I didn't ask for a layoff and need to get work. Ethically, provided I give notice clearly on website/marketing email that the work was done at 'x' firm, then I should be in the clear, but what about legally.

 

Not my website, but here is an example similar: http://www.designrepublic.us.com/work.html. If you click on the work, it notes that the work was done as part of a different firm in part by the new firm's principals. Is this ethical (I think so, but the text should be bigger imho)? More importantly, is it legal?

 

Thoughts?

 
May 26, 11 5:25 pm
sundanceuiuc

Is this a good guidance page: http://www.aia.org/about/ethicsandbylaws/AIAS077624

 

"Guidelines

These Guidelines are recommended for Members making any oral, written or graphic representation of their work. These representations may be for marketing, awards entries, submittal for Fellowship in the AIA, Web sites, general public relations, competitions, publications, resumes, or any other public or private representation of one’s work.

 

"A Member taking credit for a project or a specific role on a project other than as the Architect-of-Record must clearly define that role. In addition to the Member’s specific role, the Architect-of-Record must be acknowledged."

 

So would this work?

 

- Client / Project

- Write Up.

- Design Role: Primary

- CA Role: Primary 

- Architect of Record: Firm Name

Team:

Name, Principal

My Name

 

>>>>>>

Is this legal, meeting the requirements of AIA ethics for:

 

- website

- marketing emails

- postcards

 

It sounds like it does. Opinions of firm principals are welcomed as I obviously seek to become one myself.

 

May 26, 11 5:46 pm  · 
 · 
ovalle

Make sure you give credit to the office you were laid off from and link back the projects to that office. Acknowledgement is key. Additionally, clearly state your role (i.e. project manager, designer, etc.) for each project you decide to  show.  Ole Scheeren , former OMA partner, does this on his website for almost every project he worked on during his tenure at OMA.

http://www.buro-os.com/

 

Even Harry Gugger, former partner at Herzog & de Meuron, does this, minus the imagery.

http://www.hgugger.ch/

 

If you left on good terms with your former employer, it shouldn't be a problem. If you are hesitant, maybe you can inquire with your former office's HR to find out what is acceptable.  

 

May 26, 11 5:53 pm  · 
 · 
quizzical

If you plan to use images taken by others, be sure you have the right to use those images. You should not assume you have those rights for the purpose you describe - ask the photographer before using any images. You don't want to be forced to remove the images from your website and marketing materials because you weren't careful. Just because a former employer has the rights to use images on their website doesn't mean those rights pass - or can be passed - to you. Be prepared to give the photographer credit In your materials too!

May 26, 11 6:28 pm  · 
 · 
jbushkey

...link back the projects to that office.

 

Is this necessary?  Would you also suggest listing the old firms phone number, instead of her own, so that they can forward calls when job inquiries come in?

Credit yes, but I would not provide an actual link to the competition* (I am not a lawyer and this should not be mistaken for legal advice)

May 26, 11 7:43 pm  · 
 · 

What quizzical said is very important, as photographers tend to be very specific about what rights others have to use their photos.  The way around this is to take your own images - not always possible, of course.

 

You also need to be VERY sure that the images you use don't violate any confidentiality agreements your previous employer might have agreed to with the client.

 

On my page, I have a big statement at the top of the project description that says "This project was completed while I was employed at XYZ Architects.  I served as Project Architect/Designer/whatever for the work."  Better to err on the side of caution with this.

 

 

May 26, 11 8:57 pm  · 
 · 
won and done williams

Maybe it's just me, but I tend to roll my eyes when I see a website advertising design services that shows a half dozen projects completed while at another office. To me, it only speaks to your inexperience rather than the experience you hope it will show. I fully understand how difficult it is getting a business off the ground, but I would recommend building the business off of your own accomplishments rather than the accomplishments of another firm. JMHO.

May 26, 11 9:34 pm  · 
 · 
trace™

I would just give the credit, no needs for anything overly detailed.  Anyone looking will understand why it is there (because you don't have enough of your own work).

 

If you want to be sure, ask the firm if you can use the images, give them credit and be good.

 

 

I definitely would not link back to their site.  That's just promoting them over you, kinda defeating your efforts altogether (they can easily find the company, if they want to).  This would be what won is thinking.

 

 

Photographs - yup, you better make sure about those.  Photographers tend to be extremely protective (way over the top, imho) about usage and rights.  Renderings are similar, but much less common that a company would request credit (we do, but don't enforce it). 

May 27, 11 8:52 am  · 
 · 

won - in theory I agree with your thoughts, but in practice it's very difficult to do right out of the gate. it just takes so long to get, do, and build the work. And I'd disagree that it shows your inexperience - it might show how new the firm is, but not a lack of experience.

 

We took the high road when we left our employer to strike out on our own. We actually did a written agreement, which covered how we would use the information, what our roles/descriptions would be and we negotiated which images we would use in our own material. For a few projects that were major ones for us, we went out and took our own photos just to get around the copyright issues. 

 

I wouldn't link back to their site either - give them credit, explain your role and make sure you go around to get client recommendations for your work. That alone will do more than any images you'll show...

May 27, 11 5:18 pm  · 
 · 
mespellrong

Someone ought to point out that if you do this without the explicit permission of the architect of record or copyright assignee, they will be within their rights to sue you for any work you generate using their instruments of service. That may not be limited to the money you actually make off of it too -- but if they can make a case that they lost a bigger fish, you can end up paying for that too. So it isn't just tacky, As won said, but potentially financially disastrous.

May 29, 11 12:55 am  · 
 · 

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