Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?
I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their certificates and generally promoted the training. As a contractor in same industry I also posted real world work photos of my own, keeping engagement for marketing training. As I separate from association, must I remove those pictures?
Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which law applies in a particular situation, as well as how it applies.
You should consult with an attorney who can help determine your rights and responsibilities.
Marcos Garciaacosta agrees with this answer
Depends on what assets you are referring to, when you took them, under whose orders you did.
Very possible that you do not own the rights. But you should consult with an attorney.
Under trademark and copyright law, ownership and use of intellectual property such as logos, names, and images can be a complex issue when it comes to social media accounts like Facebook pages.
If the Facebook page you created for the construction industry training program included any logos, names, or other intellectual property belonging to the association or any other third party, you may be required to remove or modify those elements upon separation from the association. This may include removing any references to the association or any association logos or trademarks.
Additionally, any photos or images posted on the Facebook page that are subject to copyright protection may also need to be removed or modified. If you took photos of students or certificates that were created by the association, you may not have the right to use or post those images without permission. You may need to obtain permission or a license from the copyright holder to continue using those images.
If the photos or images are your own, such as photos of your own work, you may be able to continue using them on your Facebook page as long as you own the copyright or have obtained the necessary permissions.
It is important to consult with a licensed attorney who specializes in intellectual property law to understand your rights and obligations under trademark and copyright law. They can help you navigate any potential legal issues and ensure that you comply with all applicable laws and regulations.
In summary, if your Facebook page includes any intellectual property belonging to the association or any other third party, you may need to remove or modify those elements upon separation from the association. Additionally, any photos or images posted on the Facebook page that are subject to copyright protection may need to be removed or modified, depending on ownership and permissions. Consult with a licensed attorney to understand your rights and obligations under trademark and copyright law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.