[robin]

This is my first post and i thought i´d start by asking for some advice:

after 5 years working as creative director for a packaging company i decided to go it alone. Doing what i believed everyone in this posistion does i showed work that was 100% mine but done whilst working in my previous companies (i stated this as legal text and explained clearly that it was work done in previous companies). So i was surprised when i got a solicitors letter stating i was being sued for 900,000 pounds from my previous company unless i stopped using the designs (so basically destroying 5 years of my creative portfolio)

Has this happened to anyone else? or have i just been unlucky having total bastards as ex employers?
what is a designer to do if he wants to start on their own but is prohibited from showing his/her work because it was done in other studios??

let me know what you think and also be careful when you display your creative work!

[Coops]

900 grand?

[JonoMarshall]

Check your old contract, if it's their property then I don't really see what you can do?

[Dusteh]

I've heard that people have this in their contracts, its not in mine (at least I didn't spot it!) - but yes, if your contract agreed that you wouldn't use work for promotional purposes carried out for that company, you won't win any legal battle.

£900,000 - how can they justify this cost?? Seems overkill to me. Did you design the last nike logo or something?

Of course, whilst you can't set up any kind of online portfolio, I'd like to see them police the work you take to interviews. So its not a total loss.

[robin]

Didnt sign any thing and i´d like to add that all the work i was showing was in the public domain (ie the supermarket) so i wasnt going against any confidentiality contract that my old company may have had with the client.

[Mik]

tell them unless they specifically and contractually mentioned this on any signed document, then they can fuck right off. They are stopping your right to future earnings based on reputation and knowledge.

Or sue them for ..... one million pounds.. meh

[robin]

thanks dusteh, but how do you get client interviews without showing/sending them work examples first? Basically i´m left will fighting them (possibly winning...maybe) or creating a fantasy portfolio from scratch (a prospect that also doesnt tend to sit well with future clients as they like to so REAL STUFF)

[Limbo]

Nasty. Contact a laywer.

Are you using the work to sell yourself? Or are you using it to promote your new company..?

If it's the latter they are well within their rights as you would be seen as competition. Still a wanky thing to do.

[Coops]

900 grand though.

[Coops]

Cunts. Maybe you should have asked their permission first though?

[Mik]

call their bluff.

[Dusteh]

Didnt sign any thing

Did you not have a contract? If thats really the case, then they are cowboys - not only that but they are up shit creek without a paddle. If you are certain they have nothing in writing with your signature on it, they can't touch you.

As Mr Fred says, call their bluff.

[herkalees]

Sure them for 901,000 after their letter gives you a terribly painful papercut.

[robin]

I did, they knew i was setting up on my own and even encouraged it (and to top it off when i began working there 5 years ago their own porfolio was shit, so i let them use stuff i had done in previous agencies to attract new clients!!!!)

I think it was ok to set up on my own if i only did design for piss poor clients that they were not interested in, i didnt think it occurred to them id be direct competition.

Sounds like this hasnt happened to anyone else then!

[robin]

when i said i didnt sign anything, i meant regarding property of the design. Of course i signed the bog standard work contract, salary, hours, holidays etc etc

[Coops]

If there was nothing in the contract specifically stating that you can't do it, then you're ok sir.

[robin]

cheers everyone for the advice, i´ll let you know how i get along...but with a mortgage to pay and a 1 year old wanting shoes i´m not sure i can risk it!

[roto]

Robin, this is the best first post topic I've read in quite some time. Stick around.

As for your issue, I agree with calling them on this. If you no signy, they no suey.

[Kaklz]

Originally Posted by roto

If you no signy, they no suey.

Very true. Aside from the extravagant amount they're claiming to want, it's ridiculous that you can't use your own work (unless, as above, that was part of the terms of the contract). Repeating what many above have said, call 'em on it. You right, they wrong.

[RaelRode]

Read through every page of your contract. Most importantly, understand it all. If there is absolutly bugger all about using the work in your own portfolio then you're in the clear. Call their bluff.