What are my rights if I was asked to create a postcard for a small fitness company?

UPDATED: Apr 30, 2013

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What are my rights if I was asked to create a postcard for a small fitness company?

I created the postcard (digital and print) and created added a slogan. The company was looking for some creative people to handle their marketing. I thought it would be a good idea to show initiative and create something extra. They loved it, we never talked money, but they decided they couldnt afford the paid marketing at the time and are running with the slogan i created. Can I bill them for this? I feel like they pulled a fast one on me.

Asked on April 30, 2013 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were an employee of this company, then anything you create during or for work belongs to them. If you were not an employee (e.g. you were an independent contractor or freelancer), they may not use your work product without your permission (e.g. without paying you for it). You should be able bring a lawsuit to stop them from using the slogan and/or to seek monetary compensation for its use.

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